Legal Opinion

Joseph N. Gremillion v. C. Murray Henderson, Warden

Court of Appeals for the Fifth Circuit

Decided May 15, 1970No. 28851PublishedCited by 42 opinions

1Per curiam

This appeal is taken from the district court’s denial of the petition of Joseph N. Gremillion, a Louisiana state prisoner, for a writ of habeas corpus. We affirm. 1

Appellant contends that he is entitled to credit for nine months and thirteen days of time spent in custody prior to sentencing. He was convicted in the Nineteenth Judicial District Court in East Baton Rouge Parish, upon his plea of guilty, of armed robbery; and he was sentenced to serve ten years, whereas the maximum imposable sentence was ninety-nine years. 2 The sentencing court could have awarded the appellant credit for his…

2Cases cited4 opinions

  1. Patricia Lebouef Murphy, as Administratrix of the Estate of Edward Fontenot, Deceased, Etc. v. Houma Well Service, and Eva C. Fontenot, IntervenorCourt of Appeals for the Fifth Circuit · 1969
  2. James Leo Huth v. Southern Pacific CompanyCourt of Appeals for the Fifth Circuit · 1969
  3. Stapf v. United StatesCourt of Appeals for the D.C. Circuit · 1966
  4. Raymond Luther Bryans, Jr. v. O. G. Blackwell, Warden, United States Penitentiary, Atlanta, Georgia,appelleeCourt of Appeals for the Fifth Circuit · 1967

3Cited by42 opinions

  1. State Ex Rel. Vance v. ClawsonCourt of Criminal Appeals of Texas · 1971
  2. Ex Parte CanadaCourt of Criminal Appeals of Texas · 1988
  3. Thomas Harry Durkin v. Jack F. Davis, Director, Dept. Of CorrectionsCourt of Appeals for the Fourth Circuit · 1976
  4. J. Loyd Parker, Jr. v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1974
  5. Arthur Jackson, Jr. v. State of Alabama, Jasper Lee Cooks v. Circuit Court of Mobile CountyCourt of Appeals for the Fifth Circuit · 1976

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