Legal Opinion
Word v. North Carolina
Court of Appeals for the Fourth Circuit
Decided January 15, 1969No. Nos. 10765, 11487, 11770PublishedCited by 68 opinions
1Opinion of the Court
HAYNSWORTH, Chief Judge:
We have for decision the question whether, in light of Peyton v. Rowe, 391 U.S. 54, 88 S.Ct. 1549, 20 L.Ed.2d 426, federal habeas corpus provides a present remedy for a state prisoner seeking to attack, on constitutional grounds, a conviction in another state which underlies a detainer filed with his keeper. We hold that it does and that the action is properly brought in a district court in the demanding state.
I
The petitioner in each of these three cases is presently serving a sentence imposed upon him in Virginia. Those sentences are not challenged. Each of them has…
2Cases cited18 opinions
- Barber v. PageSupreme Court of the United States · 1968
- Jones v. CunninghamSupreme Court of the United States · 1963
- United States v. HaymanSupreme Court of the United States · 1952
- Peyton v. RoweSupreme Court of the United States · 1968
- Burns v. WilsonSupreme Court of the United States · 1953
13 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
- Nelson v. GeorgeSupreme Court of the United States · 1970
- Christian v. United StatesDistrict of Columbia Court of Appeals · 1978
- Jeff T. Stone v. Ernest E. Morris, Assistant Warden, Illinois State Penitentiary, Joliet Branch Segregation UnitCourt of Appeals for the Seventh Circuit · 1977
- United States of America Ex Rel. Ronald James Dessus v. Commonwealth of PennsylvaniaCourt of Appeals for the Third Circuit · 1971
63 more not listed; retrieve them via the Exa API.