Legal Opinion
Orville E. Stifel, II v. William F. Hopkins, Esq.
Court of Appeals for the Sixth Circuit
Decided May 1, 1973No. 72-1424PublishedCited by 150 opinions
1Opinion of the Court
McCREE, Circuit Judge.
This case presents the question whether a federal prisoner who is incarcerated in a state other than the state of his domicile prior to conviction can show that he is a citizen of the state of incarceration for purposes of federal diversity jurisdiction. The District Court held that as a matter of law the prisoner was precluded from making this showing, and dismissed the complaint for lack of jurisdiction. We reverse.
In 1969, appellant was convicted by a jury of violating 18 U.S.C. § 1716 (1970), by mailing an “infernal machine” that exploded and caused the death of the…
2Cases cited60 opinions
- Williams v. North CarolinaSupreme Court of the United States · 1945
- Carrington v. RashSupreme Court of the United States · 1965
- Angel v. BullingtonSupreme Court of the United States · 1947
- Dred Scott v. SandfordSupreme Court of the United States · 1857
- Goosby v. OsserSupreme Court of the United States · 1973
55 more not listed; retrieve them via the Exa API.
3Cited by150 opinions
- Anand Prakash v. American UniversityCourt of Appeals for the D.C. Circuit · 1984
- Smith v. CummingsCourt of Appeals for the Tenth Circuit · 2006
- Kantor v. Wellesley Galleries, Ltd.Court of Appeals for the Ninth Circuit · 1983
- Sadat v. MertesCourt of Appeals for the Seventh Circuit · 1980
- Kantor v. Wellesley Galleries, Ltd.Court of Appeals for the Ninth Circuit · 1983
145 more not listed; retrieve them via the Exa API.