Legal Opinion

Wallace Dean Cline v. United States

Court of Appeals for the Fifth Circuit

Decided January 10, 1972No. 30170PublishedCited by 11 opinions

1Opinion of the Court

INGRAHAM, Circuit Judge:

Appellant, following the advice of this court in his previous appeal, 1 filed a petition for writ in the nature of coram nobis in the United States District Court for the Eastern District of Texas seeking to set aside a 1944 conviction of a Dyer Act, 18 U.S.C.A. § 2312, offense. Sentence imposed under this conviction has been fully executed.

As was indicated in United States v. Morgan, supra, a writ of error coram nobis is an available remedy to correct fundamental errors in a criminal case, even though the sentence imposed has been served. Rodgers v. United States, 451…

2Cases cited10 opinions

  1. United States v. MorganSupreme Court of the United States · 1954
  2. John Frank Azzone v. United StatesCourt of Appeals for the Eighth Circuit · 1965
  3. United States v. Manuel GonzalesCourt of Appeals for the Ninth Circuit · 1970
  4. United States v. Leo CarlinoCourt of Appeals for the Second Circuit · 1968
  5. Carlos Marcello v. United StatesCourt of Appeals for the Fifth Circuit · 1964

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

3Cited by11 opinions

  1. Robert Webster v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1974
  2. United States v. DyerCourt of Appeals for the Fifth Circuit · 1998
  3. Walter Thomas, Jr. v. Oscar Savage, Warden, Retrieve Unit, Texas Dept. Of Corrections,respondent-AppellantCourt of Appeals for the Fifth Circuit · 1975
  4. Richard Lee Carbo v. United StatesCourt of Appeals for the Fifth Circuit · 1978
  5. Reyes Correa-Negron, AKA Ray Correa-Negron, Ray Correa, Sr. v. United StatesCourt of Appeals for the Fifth Circuit · 1973

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

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