Legal Opinion

George B. Smith v. R. J. Gaffney, Warden, Kansas State Penitentiary, Lansing, Kansas

Court of Appeals for the Tenth Circuit

Decided August 7, 1972No. 71-1609PublishedCited by 11 opinions

1Opinion of the Court

BARRETT, Circuit Judge.

George B. Smith, a state prisoner, appeals from an order dismissing his petition for a writ of habeas corpus.

In June, 1962, Smith was convicted in the Sedgwick County District Court of Kansas on counts of second degree burglary and grand larceny. The Court, upon a showing of two prior Oklahoma felony convictions and one prior Kansas felony conviction, imposed concurrent life sentences pursuant to the Kansas Habitual Criminal Act, K.S.A. 21-107a.

Smith collaterally attacked the concurrent life sentences in both state and federal courts on the ground that two of the three…

2Cases cited16 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. Whiteley v. Warden, Wyoming State PenitentiarySupreme Court of the United States · 1971
  4. Arthur J. Watson v. Wayne K. Patterson, Warden, Colorado State PenitentiaryCourt of Appeals for the Tenth Circuit · 1966
  5. David Martin Goldsmith v. Lawrence Cheney, Sheriff of Teton County, WyomingCourt of Appeals for the Tenth Circuit · 1971

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

3Cited by11 opinions

  1. Gennero Galtieri v. Louie L. Wainwright, Director, Division of Corrections, John Matera v. Louie L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1978
  2. Valerio Ernest Miranda v. Thomas Cooper, Superintendent, and Frank Gunter, (Gunther) Sic, Director, D.O.C.Court of Appeals for the Tenth Circuit · 1992
  3. State v. ColemanMontana Supreme Court · 1979
  4. United States v. William Herman JacksonCourt of Appeals for the Tenth Circuit · 1973
  5. Edwin Edgar Jones v. Norman Hess and the State of OklahomaCourt of Appeals for the Tenth Circuit · 1982

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

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