Legal Opinion
Travis O. Spaulding v. J.C. Taylor, Warden, U.S. Penitentiary
Court of Appeals for the Tenth Circuit
Decided September 1, 1964No. 7576_1PublishedCited by 32 opinions
1Opinion of the Court
BREITENSTEIN, Circuit Judge.
Appellant Spaulding appeals from the trial court’s denial of habeas corpus. He was convicted of a local crime in a territorial court of Alaska; and on appeal his conviction was affirmed. 1 2He is now confined in Leavenworth penitentiary in Kansas.
The first question is whether he may have habeas corpus relief. The government urges that the remedy under 28 U.S.C. § 2255 is exclusive.
Spaulding was sentenced on April 15, 1955. Alaska became a state on January 3, 1959. 2 The law admitting Alaska to statehood provides in its § 15 3 that cases which were pending or…
2Cases cited6 opinions
- Audilio Carrillo v. United StatesCourt of Appeals for the Tenth Circuit · 1964
- Willis Smith v. United StatesCourt of Appeals for the Fifth Circuit · 1959
- Tom Don Franano v. United StatesCourt of Appeals for the Eighth Circuit · 1962
- Travis O. Spaulding v. United StatesCourt of Appeals for the Ninth Circuit · 1960
- John Raymond Malone v. United StatesCourt of Appeals for the Sixth Circuit · 1958
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- United States v. BarrettCourt of Appeals for the First Circuit · 1999
- Jones v. HendrixSupreme Court of the United States · 2023
- Prost v. AndersonCourt of Appeals for the Tenth Circuit · 2011
- Jones v. HendrixSupreme Court of the United States · 2023
- Caravalho v. PughCourt of Appeals for the Tenth Circuit · 1999
27 more not listed; retrieve them via the Exa API.