Legal Opinion

Nichols J. Romano v. Donald Wyrick, Warden

Court of Appeals for the Eighth Circuit

Decided July 7, 1982No. 81-2110PublishedCited by 19 opinions

1Opinion of the Court

ARNOLD, Circuit Judge.

Nichols J. Romano appeals from the District Court’s 1 denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He challenges a reckless-driving conviction and a probation revocation which resulted in the reinstatement of a twenty-year sentence. Because petitioner would be entitled neither to release from custody nor to a shortening of his term of imprisonment even if his reckless-driving conviction were set aside, we affirm the dismissal of his petition. As to the probation revocation, state remedies remain to be exhausted before the federal…

2Cases cited5 opinions

  1. Rose v. LundySupreme Court of the United States · 1982
  2. State v. DodsonMissouri Court of Appeals · 1977
  3. Martin B. Steinberg v. Police Court of Albany, New YorkCourt of Appeals for the Sixth Circuit · 1979
  4. Michael Dunn v. Donald Wyrick, Warden, Missouri PenitentiaryCourt of Appeals for the Eighth Circuit · 1982
  5. Lett v. StateMissouri Court of Appeals · 1977

3Cited by19 opinions

  1. Robert Gray Graham v. Herman Solem, Warden, South Dakota State Penitentiary, and Mark v. Meierhenry, Attorney General, State of South DakotaCourt of Appeals for the Eighth Circuit · 1984
  2. Clarence Victor v. Frank X. HopkinsCourt of Appeals for the Eighth Circuit · 1996
  3. Fletcher v. ArmontroutDistrict Court, W.D. Missouri · 1990
  4. Brown v. MISSOURI BD. OF PROBATION AND PAROLEDistrict Court, W.D. Missouri · 1989
  5. Nicholas James Romano v. Dr. Lee Roy Black and Dick D. Moore, Nicholas James Romano v. Dr. Lee Roy Black and Dick D. MooreCourt of Appeals for the Eighth Circuit · 1984

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