Gidley v. Gladden

EAST, District Judge.

The petitioner (Gidley) is in the custody of the respondent (Warden) pursuant to a judgment of sentence entered by the Circuit Court of the State of Oregon.*478for Linn County on September 8, 1961, being a resentence upon a judgment of conviction entered on May 5, 1958.

This Court, in its memorandum of decision entered in these 28 U.S.C. § 2241 habeas proceedings on November 4, 1963, found that judgment of conviction and sentence void, and ordered the State of Oregon to give Gidley a new trial or release him from custody.

The Warden appealed, and the United States Court of…