Legal Opinion
Gary L. Blankenship v. Robert F. Parratt, Warden, Nebraska Penal and Correctional Complex
Court of Appeals for the Eighth Circuit
Decided May 2, 1977No. 76-2067PublishedCited by 5 opinions
1Opinion of the Court
ROSS, Circuit Judge.
Gary L. Blankenship appeals from an order denying him a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and § 2254. For the reasons stated below, we affirm.
Blankenship was convicted of second degree murder by a jury in state district court on April 11, 1975. He was sentenced on Friday, May 2, 1975, to an indeterminate sentence of twenty-five to thirty years. However, on the next day that court was in session, Monday, May 5,1975, the court, sua sponte, found the sentence to be invalid in light of recent Nebraska case law holding that indeterminate sentences could not be…
2Cases cited6 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Bozza v. United StatesSupreme Court of the United States · 1947
- State v. LaravieNebraska Supreme Court · 1974
- United States v. Chester Lee DurbinCourt of Appeals for the Eighth Circuit · 1976
- State v. BlankenshipNebraska Supreme Court · 1976
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3Cited by5 opinions
- Robert Breest v. Raymond Helgemoe, Etc.Court of Appeals for the First Circuit · 1978
- People v. Superior Court (Duran)California Court of Appeal · 1978
- People v. HickeyCalifornia Court of Appeal · 1980
- Beech v. StateSupreme Court of Florida · 1983
- Rolling v. GrammerDistrict Court, D. Nebraska · 1987