Legal Opinion

Zerbst v. Kidwell

Court of Appeals for the Fifth Circuit

Decided November 10, 1937No. Nos. 8468, 8476-8478, 8495, 8516, 8527, 8555PublishedCited by 15 opinions

1Opinion of the Court

FOSTER, Circuit Judge.

These eight cases were argued and submitted together, present the same questions for decision, and may be conveniently disposed of by one opinion. The material facts common to all the cases are these. Appellees, while serving sentences in federal prisons, were released on parole or by reduction of their sentences for good conduct. Before the maximum terms of their sentences had expired they committed federal offenses for which they were convicted and sentenced to imprisonment in the Atlanta penitentiary. The judgments were silent as to the time these second sentences…

2Cases cited5 opinions

  1. Escoe v. ZerbstSupreme Court of the United States · 1935
  2. Hill v. United States Ex Rel. WamplerSupreme Court of the United States · 1936
  3. Anderson v. CorallSupreme Court of the United States · 1923
  4. Aderhold v. McCarthyCourt of Appeals for the Fifth Circuit · 1933
  5. White v. KwiatkowskiCourt of Appeals for the Tenth Circuit · 1932

3Cited by15 opinions

  1. Zerbst v. KidwellSupreme Court of the United States · 1938
  2. Garcia v. SteeleCourt of Appeals for the Eighth Circuit · 1951
  3. United States Ex Rel. Jacobs v. BarcCourt of Appeals for the Sixth Circuit · 1944
  4. A. McDonald Warden, Federal Correctional Institution, Texarkana, Texas v. Morris W. LeeCourt of Appeals for the Fifth Circuit · 1955
  5. Rogoway v. WardenCourt of Appeals for the Ninth Circuit · 1941

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