Legal Opinion

Emeary Moreland, Jr. v. United States

Court of Appeals for the Tenth Circuit

Decided June 22, 1965No. 8003PublishedCited by 14 opinions

1Per curiam

The appellant Moreland was convicted in the United States District Court for the District of Colorado of the crime of armed robbery, in violation of 18 U. S.C. § 2114. His conviction was affirmed. Moreland v. United States, 10 Cir., 270 F.2d 887. This proceeding under 28 U.S.C. § 2255 attacks the judgment and sentence on the ground that Moreland’s arrest by state officers without a warrant was in violation of his constitutional rights. We find no error in the trial court’s dismissal of the petition without a hearing.

An illegal arrest without more does not void a conviction and is not grounds…

2Cases cited5 opinions

  1. Whitney v. ZerbstCourt of Appeals for the Tenth Circuit · 1933
  2. David Holston Roddy v. United StatesCourt of Appeals for the Tenth Circuit · 1961
  3. Emeary Moreland, Jr. v. United StatesCourt of Appeals for the Tenth Circuit · 1959
  4. Lowry Newton Klink v. C. H. Looney, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1958
  5. Namon Tanner v. United StatesCourt of Appeals for the Tenth Circuit · 1961

3Cited by14 opinions

  1. United States v. John A. TurnerCourt of Appeals for the Eighth Circuit · 1971
  2. State v. AddingtonSupreme Court of Kansas · 1970
  3. Smith v. United StatesDistrict Court, D. Maryland · 1967
  4. Jackson v. United StatesDistrict Court, D. New Jersey · 1971
  5. United States Ex Rel. Orsini v. ReinckeDistrict Court, D. Connecticut · 1968

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