Curtis v. Tower, No. 13514.
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
| Writing for the Court | ALLEN, , SIMONS, Circuit , and GOURLEY |
| Citation | 262 F.2d 166 |
| Parties | John A. CURTIS, Appellant, v. Chester TOWER et al., Appellees. |
| Decision Date | 07 January 1959 |
| Docket Number | No. 13514. |
262 F.2d 166 (1959)
John A. CURTIS, Appellant,
v.
Chester TOWER et al., Appellees.
No. 13514.
United States Court of Appeals Sixth Circuit.
January 7, 1959.
Samuel M. Allen, Cincinnati, Ohio, for appellant.
Robert D. McClear, Detroit, Mich. (Nathaniel H. Goldstick, Detroit, Mich., on the brief), for appellees.
Before ALLEN, Chief Judge, SIMONS, Circuit Judge, and GOURLEY, District Judge.
SIMONS, Circuit Judge.
The appellant is presently serving an indeterminate sentence of twenty to forty years upon conviction by a jury for the crimes of assault and armed robbery committed March 11, 1949. After three futile motions for new trial in the trial court, the overruling of two petitions for writs of habeas corpus by the Supreme Court of Michigan, the abandonment of an application for leave to appeal to the Michigan Supreme Court, the failure of his two petitions for habeas corpus in the United States District Court for the Eastern District of Michigan, and the dismissal of a previous complaint in the
same court, he again seeks a remedy in the District Court under the Federal Civil Rights Statute, 42 U.S.C.A. § 1983 and § 1985, by way of a claim for compensation for injuries received at the hands of a group of police officers, his appointed counsel, and an Assistant Prosecuting Attorney of Wayne County. The District Judge, upon his own motion, dismissed the appellant's complaint upon the ground that nothing therein indicated that the District Court had jurisdiction of the subject matter thereofAfter the denial of the appellant's motion for authority to proceed in forma pauperis, the appellant was permitted to appeal to this court. In pursuance of his appeal, he was represented by able counsel at the hearing who made a well considered oral argument supplementing an exhaustive brief. The record here filed, however, fails to show that the defendants below had been served with process. They made no response there to the complaint though all but one filed appearances here and move to dismiss the appeal.
As the case now stands in this court, there is a judgment of conviction and sentence upon a verdict of a duly impaneled jury unimpeached by any adjudication in the courts of the State or in a District Court of the United States. Michigan's corrective process for reviewing judicial determinations in criminal cases is adequate. Whalen v. Frisbie, 6 Cir., 185 F.2d 607, Mahler v. Frisbie, 6 Cir., 193 F.2d 319, and Mulvey v. Jacques, 6...
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Gaito v. Strauss, Civ. A. No. 65-1018.
...We agree. Hurlburt v. Graham, 323 F.2d 723 (6th Cir. 1963); Goss v. State of Illinois, 312 F.2d 257 (7th Cir. 1963); Curtis v. Tower, 262 F.2d 166 (6th Cir. 1959); Blackmon v. Wagener, 253 F.2d 10 (6th Cir. 1958); Thompson v. Heither, supra; Crawford v. Lydick, 179 F.Supp. 211 (W.D.Mich. 19......
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Kauffman v. Moss, No. 17686.
...In determining that appellant's civil rights suit was barred by his prior conviction, the district court relied on Curtis v. Tower, 262 F.2d 166 (6th Cir. 1959).5 In Curtis, decided prior to Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961), the court upheld the dismissal of ......
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Smith v. Sinclair, No. CIV-76-006-D.
...action on these same grounds which have already been adjudicated. Brazzell v. Adams, 493 F.2d 489 (CA5 1974). See also Curtis v. Tower, 262 F.2d 166 (CA6 424 F. Supp. 1113 It follows that the plaintiff cannot recover herein for the money and ring allegedly seized pursuant to an invalid warr......
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Crawford v. Lydick, Civ. A. No. 3648.
...been held that Michigan's process for reviewing judicial determinations in criminal cases is adequate. In Curtis v. Tower, 6 Cir., 262 F.2d 166, 167, the court "As the case now stands in this court, there is a judgment of conviction and sentence upon a verdict of a duly impaneled jury unimp......
-
Gaito v. Strauss, Civ. A. No. 65-1018.
...We agree. Hurlburt v. Graham, 323 F.2d 723 (6th Cir. 1963); Goss v. State of Illinois, 312 F.2d 257 (7th Cir. 1963); Curtis v. Tower, 262 F.2d 166 (6th Cir. 1959); Blackmon v. Wagener, 253 F.2d 10 (6th Cir. 1958); Thompson v. Heither, supra; Crawford v. Lydick, 179 F.Supp. 211 (W.D.Mich. 19......
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Kauffman v. Moss, No. 17686.
...In determining that appellant's civil rights suit was barred by his prior conviction, the district court relied on Curtis v. Tower, 262 F.2d 166 (6th Cir. 1959).5 In Curtis, decided prior to Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961), the court upheld the dismissal of ......
-
Smith v. Sinclair, No. CIV-76-006-D.
...action on these same grounds which have already been adjudicated. Brazzell v. Adams, 493 F.2d 489 (CA5 1974). See also Curtis v. Tower, 262 F.2d 166 (CA6 424 F. Supp. 1113 It follows that the plaintiff cannot recover herein for the money and ring allegedly seized pursuant to an invalid warr......
-
Crawford v. Lydick, Civ. A. No. 3648.
...been held that Michigan's process for reviewing judicial determinations in criminal cases is adequate. In Curtis v. Tower, 6 Cir., 262 F.2d 166, 167, the court "As the case now stands in this court, there is a judgment of conviction and sentence upon a verdict of a duly impaneled jury unimp......