Legal Opinion
Melvin Leroy Tyler v. Harold R. Swenson, Warden, Missouri State Penitentiary
Court of Appeals for the Eighth Circuit
Decided January 30, 1976No. 75--1085PublishedCited by 30 opinions
1Opinion of the Court
STEPHENSON, Circuit Judge.
The critical issue in this habeas corpus appeal, brought under 28 U.S.C. § 2254, is whether petitioner is entitled to have his state court sentence reconsidered because the state trial court considered an invalid robbery conviction in imposing sentence. We find that petitioner Melvin Leroy Tyler has failed to exhaust his available state remedies with regard to this issue.
Petitioner was found guilty in 1969 by a jury in the Circuit Court of the City of St. Louis of assault with intent to kill, and a sentence of 25 years was imposed. The state sentencing court applied…
2Cases cited12 opinions
- 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
- Loren E. Barry v. Maurice Sigler, Warden, Nebraska Penal and Correctional ComplexCourt of Appeals for the Eighth Circuit · 1967
- State v. TylerSupreme Court of Missouri · 1970
7 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- People v. HortonCalifornia Supreme Court · 1995
- Leroy Brown v. Julius T. Cuyler, Supt., at S.C.I.G.Court of Appeals for the Third Circuit · 1982
- Ronald Drake v. Donald W. Wyrick, WardenCourt of Appeals for the Eighth Circuit · 1981
- Echevarria v. BellCourt of Appeals for the Seventh Circuit · 1978
- Atwell Junior Conner v. Calvin Auger, WardenCourt of Appeals for the Eighth Circuit · 1979
25 more not listed; retrieve them via the Exa API.