Legal Opinion
A. R. Newman v. Felix Rodriguez, Acting Warden, New Mexico State Penitentiary
Court of Appeals for the Tenth Circuit
Decided April 4, 1967No. 9070PublishedCited by 20 opinions
1Opinion of the Court
WESLEY E. BROWN, District Judge.
The petitioner, A. R. Newman, appeals from the denial of his application for a writ of habeas corpus by the United States District Court for the District of New Mexico. A single question of law is presented. Is the State of New Mexico required under the equal protection clause of the United States Constitution to give credit for time served on a void sentence upon reconviction following a new trial ?
On December 2, 1963, Newman, without counsel, pleaded guilty to obtaining money by fraud, and was sentenced to 1 to 5 years. On June 8, 1964, he was ordered…
2Cases cited9 opinions
- Fay v. NoiaSupreme Court of the United States · 1963
- Williams v. OklahomaSupreme Court of the United States · 1959
- King v. United StatesCourt of Appeals for the D.C. Circuit · 1938
- Patton v. State of North CarolinaDistrict Court, W.D. North Carolina · 1966
- Lewis v. CommonwealthMassachusetts Supreme Judicial Court · 1952
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3Cited by20 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- State v. PaigeSupreme Court of North Carolina · 1968
- State v. StaffordSupreme Court of North Carolina · 1968
- Rice v. SimpsonDistrict Court, M.D. Alabama · 1967
- State v. LeonardWisconsin Supreme Court · 1968
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