Legal Opinion

Bernklau v. Bennett

Supreme Court of Iowa

Decided November 12, 1968No. 53140PublishedCited by 11 opinions

1Opinion of the Court

BECKER, Justice.

This habeas corpus proceedings raises a single issue which turns on the sentencing power of the district court. After trial to the court the writ was quashed. We reverse and remand with order to issue the writ and release the petitioner.

Petitioner was convicted of the crime of forgery on June 4, 1959 and commenced serving his sentence immediately. On March 6, 1963 he was paroled. On September 8, 1963 he violated his parole by leaving the state. On January 16-18, 1964 he was arrested, returned to this state and to prison.

On June 21, 1964 petitioner escaped from prison. He was…

2Cases cited8 opinions

  1. Dickerson v. PerkinsSupreme Court of Iowa · 1918
  2. Adams v. BarrSupreme Court of Iowa · 1912
  3. Cave, Keener v. HaynesSupreme Court of Iowa · 1936
  4. State Board of Social Welfare v. Pottawattamie CountySupreme Court of Iowa · 1965
  5. Haley v. HollowellSupreme Court of Iowa · 1929

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

3Cited by11 opinions

  1. State v. BurtlowSupreme Court of Iowa · 1980
  2. State v. WhiteSupreme Court of Iowa · 1983
  3. State v. JonesSupreme Court of Iowa · 1980
  4. State v. JohnsonSupreme Court of Iowa · 1969
  5. Cleesen v. BrewerSupreme Court of Iowa · 1972

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

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