Legal Opinion
McClellan v. Heritage
District Court, N.D. Georgia
Decided January 7, 1964No. Civ. A. No. 8369PublishedCited by 3 opinions
1Opinion of the Court
HOOPER, Chief Judge.
In this action petitioner John D. McClellan seeks to be released from custody of the respondent, Warden at the Atlanta Penitentiary, upon allegations that his conviction and sentence in a Military Courts Martial should be set aside.
The respondent insists that the issues contained herein have been previously adjudicated against the prisoner by a trial judge (McClellan v. Humphrey, D.C., 83 F.Supp. 510), and the judgment of the trial judge has been affirmed by an appellate court (United States ex rel. McClellan v. Humphrey, 3 Cir., 181 F.2d 757). As there is no strict rule…
2Cases cited2 opinions
- McClellan v. HumphreyDistrict Court, M.D. Pennsylvania · 1949
- United States Ex Rel. McClellan v. HumphreyCourt of Appeals for the Third Circuit · 1950
3Cited by3 opinions
- Bromley v. CrispCourt of Appeals for the Tenth Circuit · 1977
- John D. McClellan v. David M. Heritage, Warden, United States Penitentiary, Atlanta, GeorgiaCourt of Appeals for the Fifth Circuit · 1964
- Louis Jay Bromley v. Richard Crisp, Warden, Oklahoma State Penitentiary, McAlester Oklahoma, David Lee Garner v. The State of Oklahoma, Gary Michael Rutledge v. Jerry Sunderland, Warden, Oklahoma State Reformatory, Billie Jay Killion, and Delmar Eugene Hanley v. Dave Faulkner, Sheriff, Tulsa County, State of Oklahoma, Derek Lee Wilson v. Dave Faulkner, Sheriff, Tulsa County, State of Oklahoma, William Lynn Stringfield v. John Grider, Warden, Oklahoma State Reformatory, Granite, OklahomaCourt of Appeals for the Tenth Circuit · 1977