Legal Opinion
John Lee v. E. B. Swope, Warden, United States Penitentiary, Alcatraz, California
Court of Appeals for the Ninth Circuit
Decided September 14, 1955No. 14608_1PublishedCited by 14 opinions
1Opinion of the Court
STEPHENS, Circuit Judge.
The district court’s 1 order here appealed from is as follows:
“Ordered that petitioner’s petition for a writ of habeas corpus be and the same is hereby dismissed without prejudice, and the order to show cause heretofore issued out of this Court is hereby discharged.” (Dated and filed October 22, 1954.)
The district court refused relief because the petition for the writ reveals upon its face that even if the petitioner’s attack upon the validity of his conviction by a United States [Army] Court Martial was upheld, it would not act to release the petitioner from custody,…
2Cases cited11 opinions
- McNally v. HillSupreme Court of the United States · 1934
- McNealy v. JohnstonCourt of Appeals for the Ninth Circuit · 1938
- Ex parte MelendezCourt of Appeals for the Ninth Circuit · 1938
- McDonald v. JohnstonCourt of Appeals for the Ninth Circuit · 1945
- Woollomes v. Heinze, Warden of California State Prison at FolsomCourt of Appeals for the Ninth Circuit · 1952
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lawrence E. Wilson, Warden of San Quentin Prison v. Frederick GrayCourt of Appeals for the Ninth Circuit · 1965
- Nathaniel Brown v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1967
- Amos Marshall Arketa v. Lawrence E. WilsonCourt of Appeals for the Ninth Circuit · 1967
- Ex Parte RiosCourt of Criminal Appeals of Texas · 1965
- Hendrick v. BetoDistrict Court, S.D. Texas · 1965
9 more not listed; retrieve them via the Exa API.