United States of America Ex Rel. Albert R. House, Relator v. Edwin L. Swope, Warden, United States Penitentiary, Alcatraz, California
Court of Appeals for the Fifth Circuit
1Per curiam
The Supreme Court vacated our former judgment 1 and remanded the case to this Court “for consideration in light of new information.” 2 Surmising, as best we can, the basis for the Supreme Court’s judgment, we apprehend that, in its opinion, appellant’s original motion 3 brought his case within the ruling of Mooney v. Holohan, 294 U.S. 103, 112, 55 S.Ct. 340, 79 L.Ed. 791, 4 and that the judgment of conviction is subject to collateral attack on the grounds charged in the motion, in effect, that it was procured because appellant’s codefendant Henderson 5 was coerced by a Government agent to…
2Cases cited8 opinions
- Mooney v. HolohanSupreme Court of the United States · 1935
- Price v. JohnstonSupreme Court of the United States · 1948
- United States v. HaymanSupreme Court of the United States · 1952
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Walker v. JohnstonSupreme Court of the United States · 1941
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3Cited by5 opinions
- Claude O. Jones, Jr. v. W. K. Cunningham, Jr., Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1963
- Fajeriak v. StateAlaska Supreme Court · 1974
- State v. MontgomerySupreme Court of North Carolina · 1976
- William Henry Grimes v. United StatesCourt of Appeals for the Ninth Circuit · 1968
- United States ex rel. House v. SwopeDistrict Court, N.D. Florida · 1956