Legal Opinion
Orville McKinney v. Warden, United States Penitentiary, Leavenworth, Kansas
Court of Appeals for the Tenth Circuit
Decided December 29, 1959No. 6233_1PublishedCited by 16 opinions
1Opinion of the Court
BREITENSTEIN, Circuit Judge.
This appeal is from a judgment discharging a writ of habeas corpus. In 1945 McKinney, then a private in the Army Air Forces stationed at Lowry Field, Denver, Colorado, was convicted by a duly constituted general court-mar tial of the offenses of rape and sodomy in violation of Articles of War 92 and 93, respectively, 1 and sentenced to life imprisonment at hard labor. On a former appeal, McKinney v. Finletter, 10 Cir., 205 F.2d 761, it was held that the sentence to hard labor was improper and that the sentence to life imprisonment was valid.
McKinney now urges that…
2Cases cited6 opinions
- Burns v. WilsonSupreme Court of the United States · 1953
- Easley v. Hunter, WardenCourt of Appeals for the Tenth Circuit · 1953
- Stout v. HancockCourt of Appeals for the Fourth Circuit · 1944
- Bennett v. DavisCourt of Appeals for the Tenth Circuit · 1959
- McKinney v. Finletter, Secretary of U.S. Air ForcesCourt of Appeals for the Tenth Circuit · 1953
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Alvin W. Dodson, Jr. v. Colonel Gordon N. Zelez, CommandantCourt of Appeals for the Tenth Circuit · 1990
- Michael C. Watson v. Colonel O.L. McCotterCourt of Appeals for the Tenth Circuit · 1986
- Robert C. Harris v. Dr. P. J. Ciccone, Director, Medical Center for Federal Prisoners, Springfield, MissouriCourt of Appeals for the Eighth Circuit · 1969
- Patrick R. Kennedy v. Commandant, United States Disciplinary Barracks, Fort Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1967
- Mendrano v. SmithCourt of Appeals for the Tenth Circuit · 1986
11 more not listed; retrieve them via the Exa API.