Legal Opinion
Rowe v. Peyton
Court of Appeals for the Fourth Circuit
Decided August 28, 1967No. Nos. 11072, 11217PublishedCited by 67 opinions
1Opinion of the Court
HAYNSWORTH, Chief Judge:
We are asked to decide whether or not any remedy is available to state prisoners seeking to attack, on constitutional grounds, state sentences to be served in the future which have no present effect upon consideration of the prisoners for parole. We think that the traditional writ of habeas corpus is available to serve the clearly present need of a procedural device to test the legality of these convictions under the Constitution of the United States.
I
In 1963 Rowe was convicted of rape in Staunton, Virginia and a sentence of 30 years was imposed upon him. Three days…
2Cases cited23 opinions
- Fay v. NoiaSupreme Court of the United States · 1963
- Brown v. AllenSupreme Court of the United States · 1953
- Jones v. CunninghamSupreme Court of the United States · 1963
- Ex Parte McCardleSupreme Court of the United States · 1869
- Ex Parte LangeSupreme Court of the United States · 1874
18 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Theodore R. Allen v. E. P. Perini, SuperintendentCourt of Appeals for the Sixth Circuit · 1970
- United States v. Joseph S. BukowskiCourt of Appeals for the Seventh Circuit · 1970
- Word v. North CarolinaCourt of Appeals for the Fourth Circuit · 1969
- United States Ex Rel. Robinson v. YorkDistrict Court, D. Connecticut · 1968
- Commonwealth v. WareSupreme Court of Pennsylvania · 1971
62 more not listed; retrieve them via the Exa API.