Legal Opinion

United States ex rel. Proctor v. New York & Alabama

District Court, S.D. New York

Decided May 19, 1964PublishedCited by 2 opinions

1Opinion of the Court

FEINBERG, District Judge.

This is a petition for a writ of habeas corpus filed in forma pauperis under 28 U.S.C. § 1915(a). The facts are as follows.1 On March 20, 1962, relator entered a plea of guilty to petty larceny and was sentenced to twelve months and thirty-one days at hard labor in the County Jail for Jefferson County, Alabama. On April 2, 1962, relator escaped, but was apprehended soon thereafter and returned to Jefferson County. Relator was then sentenced on July 25, 1962 to a term of one year and one day in the Alabama state penitentiary on a charge of escape.

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2Cases cited11 opinions

  1. Mooney v. HolohanSupreme Court of the United States · 1935
  2. Ex Parte ReggelSupreme Court of the United States · 1885
  3. Sweeney v. WoodallSupreme Court of the United States · 1953
  4. United States ex rel. Tucker v. DonovanCourt of Appeals for the Second Circuit · 1963
  5. People ex rel. Shurburt v. NobleAppellate Division of the Supreme Court of the State of New York · 1957

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3Cited by2 opinions

  1. United States of America Ex Rel. Dennis P. Kelly v. James F. Maroney, Superintendent, State Correctional Institution, Pittsburgh, PennsylvaniaCourt of Appeals for the Third Circuit · 1969
  2. United States ex rel. Epps v. NennaDistrict Court, S.D. New York · 1967

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