Legal Opinion

James Kenneth Julian v. C. E. Harris, Warden, United States Penitentiary, Leavenworth, Kansas, James Kenneth Julian v. United States

Court of Appeals for the Tenth Circuit

Decided December 3, 1973No. 72-1638, 72-1639PublishedCited by 2 opinions

1Opinion of the Court

McWILLIAMS, Circuit Judge.

The central issue concerns the propriety of Julian's revocation hearing, he at the time being a mandatory releasee from the United States Penitentiary in Leavenworth, Kansas, and charged with violating the terms and conditions of his release from a sentence imposed in a Texas federal court. It is Julian’s contention that the aforesaid hearing was void and without effect since he was not afforded his Fifth and Sixth Amendment rights to the appointment of counsel to represent him at the revocation hearing, and for the further reason that shortly prior to the revocation…

2Cases cited10 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Gunther v. United StatesCourt of Appeals for the D.C. Circuit · 1954
  3. Ray Earnest v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1969
  4. Louis Ashley Cotner v. United StatesCourt of Appeals for the Tenth Circuit · 1969
  5. Ray Earnest v. R. I. Moseley, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1970

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3Cited by2 opinions

  1. Smaldone v. United StatesDistrict Court, D. Kansas · 1978
  2. Miguel Coronado, Jr. v. United States Board of ParoleCourt of Appeals for the Tenth Circuit · 1977

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