Legal Opinion

Estis L. Gibbs v. Olin G. Blackwell, Warden, United States Penitentiary, Atlanta, Georgia

Court of Appeals for the Fifth Circuit

Decided December 6, 1965No. 22286PublishedCited by 22 opinions

1Opinion of the Court

RIVES, Circuit Judge.

Estis L. Gibbs, formerly a private in the United States Army but now an inmate of the United States Penitentiary in Atlanta, filed a petition for habeas corpus challenging (1) the right of the United States to further confine him after 20 years in prison or on parole, and (2) the validity of his conviction by court-martial at Munich, Germany,, in July 1945. Gibbs contends that he is now serving a 15-year sentence but has spent 20 years either in prison or on parole, and, therefore, that the United States has no right to further detain him. Gibbs further contends that he…

2Cases cited16 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Townsend v. SainSupreme Court of the United States · 1963
  3. United States v. PetrilloSupreme Court of the United States · 1947
  4. Burns v. WilsonSupreme Court of the United States · 1953
  5. Borden's Farm Products Co. v. BaldwinSupreme Court of the United States · 1934

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3Cited by22 opinions

  1. Capt. Milbert Mindes v. Dr. Robert C. Seaman, Secretary of the United States Air ForceCourt of Appeals for the Fifth Circuit · 1971
  2. William L. Calley, Jr., Cross-Appellant v. Howard H. Callaway, Etc., Etc., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
  3. Joseph P. Kauffman v. Secretary of the Air ForceCourt of Appeals for the D.C. Circuit · 1969
  4. People v. SchuerenCalifornia Supreme Court · 1973
  5. Commonwealth of Pennsylvania v. BrownDistrict Court, E.D. Pennsylvania · 1966

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

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