Legal Opinion · Concurrence

Luther Bailey v. Lee Henslee, Superintendent of Arkansas State Penitentiary

Court of Appeals for the Eighth Circuit

Decided November 20, 1962No. 17030Published

1ConcurrenceVogel, Circuit Judge

I concur in the result. There is no question but what the State of Arkansas was entitled to a reasonable time within which to try the defendant. This we stated in the original opinion. At the time of the writing of that opinion, we believed that a reasonable time for retrial was nine months from the filing date of our opinion. Subsequent events, such as the filing of the petition for rehearing and its consideration and later denial, the filing of a petition for writ of certiorari in the Supreme Court and its consideration and denial on October 15, 1961, 368 U.S. 877, 82 S.Ct. 121, 7 L.Ed.2d…

2Cases cited3 opinions

  1. Milwaukie & Minnesota Railroad v. SoutterSupreme Court of the United States · 1865
  2. Wilkinson v. Massachusetts Bonding & Ins.Court of Appeals for the Fifth Circuit · 1926
  3. Marks v. BrownCourt of Appeals for the Ninth Circuit · 1905

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