Legal Opinion
United States ex rel. Spain v. Oswald
District Court, E.D. New York
Decided February 23, 1972No. 72 CR 73PublishedCited by 2 opinions
1Opinion of the Court
BRUCHHAUSEN, Senior District Judge.
The plaintiff, now in State custody, moves for an interlocutory judgment, pursuant to 28 U.S.C. §§ 2281 and 2284.
Plaintiff was convicted of attempted robbery in the third degree in the Supreme Court, Kings County, and was sentenced on August 4, 1969, to an indeterminate term of 0 to 3 years (Mollen, J.). He received credit for 308 days jail time, and his maximum release date was thus October 31, 1971. He was conditionally released on October 13, 1970 with one year remaining to be served on his sentence. However, while on conditional release, he was arrested…
2Cases cited21 opinions
- Zerbst v. KidwellSupreme Court of the United States · 1938
- Frederick K. Moore v. P. G. Smith, Warden, U. S. Penitentiary, Terre Haute, IndianaCourt of Appeals for the Seventh Circuit · 1969
- Jimmy C. Johnson v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968
- Duncombe v. State of New YorkDistrict Court, S.D. New York · 1967
- Robert Chester Weathers v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1966
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3Cited by2 opinions
- Warren Graves v. Ennis J. Olgiati, Chairman of the New York State Board of ParoleCourt of Appeals for the Second Circuit · 1977
- Pavia v. Parole DirectorDistrict Court, E.D. New York · 1973