Legal Opinion

George C. Hooper v. E. v. Nash, Warden, Missouri State Penitentiary

Court of Appeals for the Eighth Circuit

Decided November 1, 1963No. 17478_1PublishedCited by 30 opinions

1Per curiam

Petitioner, an inmate of the Missouri State Penitentiary, made application to the District Court for the Western District of Missouri for a writ of habeas corpus, which the Court denied on the ground that the state remedy existing under Rule 27.26 Missouri Rules of Criminal Procedure, Y.A.M.S., had not been exhausted by him. Rule 27.26 makes provision for a motion to vacate sentence, in substance the same as that under 28 U.S.C.A. § 2255 in the federal practice.

The Court refused to issue a certificate of probable cause under 28 U.S.C.A. § 2253, to enable petitioner to take an appeal from the…

2Cases cited4 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. Fay v. NoiaSupreme Court of the United States · 1963
  3. William B. Donnell v. E. v. Nash, Warden, Missouri State PenitentiaryCourt of Appeals for the Eighth Circuit · 1963
  4. Clarence Mahurin v. E. v. Nash, Warden, Missouri State PenitentiaryCourt of Appeals for the Eighth Circuit · 1963

3Cited by30 opinions

  1. White v. SwensonDistrict Court, W.D. Missouri · 1966
  2. Loren E. Barry v. Maurice Sigler, Warden, Nebraska Penal and Correctional ComplexCourt of Appeals for the Eighth Circuit · 1967
  3. Jimmie Baines v. H. R. Swenson, WardenCourt of Appeals for the Eighth Circuit · 1967
  4. Russell v. SwensonDistrict Court, W.D. Missouri · 1966
  5. Cox v. NashDistrict Court, W.D. Missouri · 1964

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