Legal Opinion
Alvin P. Toney v. Gayle M. Franzen
Court of Appeals for the Seventh Circuit
Decided August 30, 1982No. 80-2617PublishedCited by 36 opinions
1Opinion of the Court
HARLINGTON WOOD, Jr., Circuit Judge.
Petitioner filed for a writ of habeas corpus in federal court alleging that his period of incarceration has exceeded the term of his sentence. The district court agreed and granted the writ. On appeal respondents contend that petitioner failed to exhaust state remedies as required by 28 U.S.C. § 2254(b). We affirm.
I
On March 2, 1976, petitioner was arrested on armed robbery and other charges of which he later was convicted and sentenced by the Circuit Court of Cook County, Illinois to serve a prison term of seven years to seven years and one day. While in…
2Cases cited33 opinions
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Rose v. LundySupreme Court of the United States · 1982
- Picard v. ConnorSupreme Court of the United States · 1971
- Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
- Brown v. AllenSupreme Court of the United States · 1953
28 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Earl Glen Hafley v. Dewey Sowders, WardenCourt of Appeals for the Sixth Circuit · 1990
- Thomas W. Mallory, Jr. v. David K. Smith, Warden James S. Gilmore, Iii, Attorney GeneralCourt of Appeals for the Fourth Circuit · 1994
- Alvin F. Toney-El v. Gayle F. Franzen, Director of the Department of Corrections, James W. Fairman, Warden, and Paul Hosier, Record Officer SupervisorCourt of Appeals for the Seventh Circuit · 1986
- Tyrone Perry v. J.W. Fairman and Tyrone Fahner, Carl D. Adams v. J.W. Fairman and Tyrone FahnerCourt of Appeals for the Seventh Circuit · 1983
- Arlene Cruz v. Warden of Dwight Correctional Center and Neil F. Hartigan, Attorney General of the State of Illinois, 1Court of Appeals for the Seventh Circuit · 1990
31 more not listed; retrieve them via the Exa API.