Legal Opinion

Ex parte Barnes

Alabama Court of Appeals

Decided March 12, 1968No. 1 Div. 327PublishedCited by 3 opinions

1Opinion of the Court

CATES, Judge.

Barnes, in this proceeding, asks for original habeas corpus by the Supreme Court of Alabama. The clerk of that court has sent Barnes’s application to us under the apparent belief that Code 1940, T. 13, § 96, controls.1

This, however, is not such a case since on its face Barnes’s application shows that it belongs in neither the Supreme Court of Alabama nor in this court.

This because he complains of being held under a 1964 judgment which he asserts does not affirmatively order the prison warden to credit him with time served under the sentence voided by us in Barnes v. State, 42…

2Cases cited15 opinions

  1. Eddie W. Patton v. State of North CarolinaCourt of Appeals for the Fourth Circuit · 1967
  2. Richard B. Carter v. United StatesCourt of Appeals for the D.C. Circuit · 1962
  3. Donald Bernard Cunningham v. United StatesCourt of Appeals for the Fifth Circuit · 1958
  4. Pasquale J. Marano, Jr. v. United StatesCourt of Appeals for the First Circuit · 1967
  5. Neil Rogers v. United StatesCourt of Appeals for the Tenth Circuit · 1963

10 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Collins v. StateCourt of Criminal Appeals of Alabama · 1982
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. North Carolina v. PearceSupreme Court of the United States · 1969

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