Legal Opinion
Sammie Preston Irby v. State of Missouri
Court of Appeals for the Eighth Circuit
Decided September 23, 1974No. 73-1495PublishedCited by 19 opinions
1Per curiam
Sammie Preston Irby has applied for relief from a 40-year prison sentence imposed upon him by the State of Missouri for a , 1963 robbery conviction. The state sentencing court applied the Missouri second-offender statute, Mo. Ann.Stat. § 556.280. He attacks the constitutional validity of his sentence, alleging that the state sentencing judge considered an uncounselled 1956 felony conviction for auto theft from Mississippi County, Missouri, in assessing his punishment.
The federal district court, in an unreported opinion, refused to consider the merits of this petition on the grounds that the…
2Cases cited17 opinions
- Townsend v. SainSupreme Court of the United States · 1963
- Fay v. NoiaSupreme Court of the United States · 1963
- Brown v. AllenSupreme Court of the United States · 1953
- United States v. TuckerSupreme Court of the United States · 1972
- Carnley v. CochranSupreme Court of the United States · 1962
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Lawrence Leroy Farrow v. United StatesCourt of Appeals for the Ninth Circuit · 1978
- Carolyn Sue Blake v. Roderic H. Katter and Steven R. KingCourt of Appeals for the Seventh Circuit · 1982
- Ellis Eaton, Jr. v. Donald W. Wyrick, Warden, Missouri State Penitentiary, Jefferson City, MissouriCourt of Appeals for the Eighth Circuit · 1975
- Melvin Leroy Tyler v. Harold R. Swenson, Warden, Missouri State PenitentiaryCourt of Appeals for the Eighth Circuit · 1976
- Wesley Austin v. Harold R. Swenson, Warden, Missouri State PenitentiaryCourt of Appeals for the Eighth Circuit · 1975
14 more not listed; retrieve them via the Exa API.