Legal Opinion
Robert Sherman Oswald v. Sherman H. Crouse, Warden, Kansas State Penitentiary
Court of Appeals for the Tenth Circuit
Decided December 31, 1969No. 215-68PublishedCited by 29 opinions
1Per curiam
This is an appeal by a state prisoner from denial of his petition for the writ of habeas corpus without a hearing.
In 1965, Oswald was convicted of grand larceny, and sentenced as a habitual offender to a term of fifteen years, which he is now serving in the Kansas State Penitentiary. He attacks his sentence on the ground that certain convictions relied upon to invoke the habitual criminal act are invalid for lack of counsel.
A threshold question concerns exhaustion of state remedies. Oswald was previously denied federal habeas relief for failure to utilize state remedies. In March, 1968, he…
2Cases cited10 opinions
- Carnley v. CochranSupreme Court of the United States · 1962
- Burgett v. TexasSupreme Court of the United States · 1967
- Arthur J. Watson v. Wayne K. Patterson, Warden, Colorado State PenitentiaryCourt of Appeals for the Tenth Circuit · 1966
- Arley C. Browning v. Tracy A. Hand, Warden, Kansas State Penitentiary, Lansing, KansasCourt of Appeals for the Tenth Circuit · 1960
- David Houston Kinnell v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, KansasCourt of Appeals for the Tenth Circuit · 1967
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Loper v. BetoSupreme Court of the United States · 1972
- William M. Gilday, Jr. v. Palmer C. ScafatiCourt of Appeals for the First Circuit · 1970
- Edward Eugene Brown v. United StatesCourt of Appeals for the Fourth Circuit · 1973
- William A. Mitchell v. United StatesCourt of Appeals for the Fifth Circuit · 1973
- Forrest S. Tucker v. United StatesCourt of Appeals for the Ninth Circuit · 1970
24 more not listed; retrieve them via the Exa API.