Legal Opinion

Rigsbee v. United States

Court of Appeals for the D.C. Circuit

Decided April 30, 1953No. 11449PublishedCited by 33 opinions

1Opinion of the Court

WILBUR K. MILLER, Circuit Judge.

James A. Rigsbee was.convicted of murdering one man and assaulting another with a deadly weapon and was imprisoned. On appeal, when the government confessed error, this court reversed because the jury’s verdict apparently had not been unanimous, and remanded. At the second trial, the jury found Rigsbee not guilty under both counts of the indictment. He then decided to take advantage of 28 U.S.C. § 1495, which reads:

“The Court of Claims shall have jurisdiction to render judgment upon any claim for damages by any person unjustly convicted of an offense against…

2Cases cited4 opinions

  1. United States v. KeeganDistrict Court, S.D. New York · 1947
  2. United States v. BrunnerCourt of Appeals for the Sixth Circuit · 1952
  3. Weiss v. United StatesDistrict Court, S.D. New York · 1951
  4. Cratty v. United StatesDistrict Court, S.D. Ohio · 1949

3Cited by33 opinions

  1. Mhammad Abu-Shawish v. United StatesCourt of Appeals for the Seventh Circuit · 2018
  2. John A. Betts v. United StatesCourt of Appeals for the Seventh Circuit · 1993
  3. Humphrey v. United StatesUnited States Court of Federal Claims · 2002
  4. Floyd J. Osborn v. United StatesCourt of Appeals for the Fifth Circuit · 1963
  5. Burgess v. United StatesUnited States Court of Claims · 1990

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