Legal Opinion

Le Roy St. Clair Brown, Jr. v. Sherman H. Crouse, Warden, Kansas State Penitentiary

Court of Appeals for the Tenth Circuit

Decided June 19, 1968No. 9669_1PublishedCited by 22 opinions

1Opinion of the Court

SETH, Circuit Judge.

Appellant Brown filed a petition for a writ of habeas corpus with the United States District Court for the District of Kansas seeking release from the Kansas State Penitentiary. The District Court denied his petition without a hearing on the ground that he had not exhausted his state remedies as prescribed by 28 U.S. C.A. § 2254, and this appeal was taken.

The Kansas statutes (K.S.A. § 60-1507) provide a Motion to Vacate, Set Aside or Correct Sentence as a method to collaterally attack state convictions. The appellant has not sought relief under this statute, nor has he…

2Cases cited7 opinions

  1. State v. BrownSupreme Court of Kansas · 1967
  2. Eugene Cordova v. Harold A. Cox, Warden of the New Mexico State PenitentiaryCourt of Appeals for the Tenth Circuit · 1965
  3. William Nay Wood v. Sherman H. Crouse, WardenCourt of Appeals for the Tenth Circuit · 1968
  4. Miles v. StateSupreme Court of Kansas · 1965
  5. Mitchell Sobota v. Harold A. Cox, Warden, New Mexico State PenitentiaryCourt of Appeals for the Tenth Circuit · 1966

2 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. John Omo v. Sherman H. Crouse, Warden, Kansas State PenitentiaryCourt of Appeals for the Tenth Circuit · 1968
  2. Theodore R. Nance v. J. E. Baker, Warden of the New Mexico State PenitentiaryCourt of Appeals for the Tenth Circuit · 1968
  3. Manual Chavez v. J. E. Baker, WardenCourt of Appeals for the Tenth Circuit · 1968
  4. Sandoval v. Felix RodriguezCourt of Appeals for the Tenth Circuit · 1972
  5. Leroy St. Clair Brown, Jr. v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, KansasCourt of Appeals for the Tenth Circuit · 1970

17 more not listed; retrieve them via the Exa API.

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