Legal Opinion

Kirby v. Wolff

District Court, D. Nebraska

Decided October 12, 1973No. Civ. No. 1832LPublished

1Opinion of the Court

MEMORANDUM OPINION

DENNEY, District Judge.

This matter comes before the Court for decision upon an application for a writ of habeas corpus. Petitioner Kirby is currently incarcerated in the Nebraska Penal and Correctional Complex. The jurisdiction of this Court has been established pursuant to 28 U.S.C.A. § 2254. This opinion shall constitute the findings of fact and conclusions of law required of the Court by Rule 52 of the Federal Rules of Civil Procedure.

The Court has thoroughly reviewed the transcripts of the State trial and proceedings. A separate hearing has been conducted, during which…

2Cases cited5 opinions

  1. Martis C. Scalf v. John E. Bennett, Warden, Iowa State Penitentiary, Fort Madison, IowaCourt of Appeals for the Eighth Circuit · 1969
  2. United States of America Ex Rel. Harvey A. Marcelin v. Vincent Mancusi, Superintendent of Attica State Prison, Attica, New YorkCourt of Appeals for the Second Circuit · 1972
  3. State v. KirbyNebraska Supreme Court · 1970
  4. United States v. Louis Henry CoxCourt of Appeals for the Ninth Circuit · 1971
  5. Hernandez v. CravenDistrict Court, C.D. California · 1972

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