Legal Opinion
Scherk v. United States
District Court, N.D. California
Decided May 28, 1965No. 42523PublishedCited by 7 opinions
1Opinion of the Court
OLIVER J. CARTER, District Judge.
This is Scherk’s third petition for relief under 28 U.S.C. § 2255 from a ten year prison sentence after his plea of guilty to a charge of armed bank robbery (18 U.S.C. § 2113(a) (d). The first motion was filed on October 19, 1959, in which petitioner sought to have the Court vacate and set aside his sentence for armed bank robbery upon the ground that he was mentally incompetent to enter a plea of guilty, and that he was under duress at the time of making said plea. The motion was dismissed without hearing upon the ground that the records and the files in the…
2Cases cited16 opinions
- Charles Earl Brubaker v. Fred R. Dickson, Warden of the California State Prison at San Quentin, CaliforniaCourt of Appeals for the Ninth Circuit · 1962
- Alphonzo Edwards v. United StatesCourt of Appeals for the D.C. Circuit · 1958
- Amos Black v. United StatesCourt of Appeals for the Ninth Circuit · 1959
- W. C. Dodd v. United StatesCourt of Appeals for the Ninth Circuit · 1963
- Frank Thomas v. United StatesCourt of Appeals for the Ninth Circuit · 1961
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3Cited by7 opinions
- John E. Kress v. United StatesCourt of Appeals for the Eighth Circuit · 1969
- Russell T. Halliday v. United StatesCourt of Appeals for the First Circuit · 1967
- In the Matter of John Parker, on Habeas Corpus. State of South Dakota and Don R. Erickson, WardenCourt of Appeals for the Eighth Circuit · 1970
- State v. TylerSupreme Court of Missouri · 1969
- Alaway v. United StatesDistrict Court, C.D. California · 1968
2 more not listed; retrieve them via the Exa API.