Hill v. Holman, Civ. A. No. 2332-N.
| Court | United States District Courts. 11th Circuit. Middle District of Alabama |
| Writing for the Court | JOHNSON |
| Citation | 255 F. Supp. 924 |
| Parties | Jesse Vincent HILL, Petitioner, v. William C. HOLMAN, Warden, Kilby Prison, Montgomery, Alabama, Respondent. |
| Decision Date | 03 February 1966 |
| Docket Number | Civ. A. No. 2332-N. |
255 F. Supp. 924
Jesse Vincent HILL, Petitioner,
v.
William C. HOLMAN, Warden, Kilby Prison, Montgomery, Alabama, Respondent.
Civ. A. No. 2332-N.
United States District Court M. D. Alabama, N. D.
February 3, 1966.
Jesse Vincent Hill, pro se.
Richmond M. Flowers, Atty. Gen., and Paul T. Gish, Jr., Asst. Atty. Gen., State of Alabama, Montgomery, Ala, for respondent.
JOHNSON, Chief Judge.
ORDER
By order of this Court filed herein on January 21, 1966, the petitioner, Jesse Vincent Hill, was granted leave to file and proceed in forma pauperis on his application for writ of habeas corpus. At the same time, this Court ordered and directed that William C. Holman, Warden of Kilby Prison, Montgomery, Alabama, appear and show cause why the writ, as prayed for by the petitioner should not issue. The Attorney General for the State of Alabama on February 2, 1966, filed a return and answer on behalf of the respondent warden.
Upon consideration of the petition for writ of habeas corpus and the return and answer as filed upon behalf of the respondent warden, it appears that petitioner Hill is presently incarcerated by the State of Alabama at Kilby Prison, Montgomery, Alabama, by virtue of a judgment of the Circuit Court of Jefferson County, Alabama, rendered on September 8, 1964. The petitioner has, without any question, exhausted the remedies available to him in the courts of the State of Alabama as he is required to do under Section 2254, Title 28, United States Code. The facts upon which petitioner Hill relies in support of his application for writ of habeas corpus are undisputed They are as follows: On May 19, 1952, petitioner Hill was convicted in the Circuit Court of Jefferson County, Alabama, in four separate cases. They were:
1. Case No. 91714, for the offense of robbery, upon which conviction he was sentenced to a term of 10 years.
2. Case No. 91715, for the offense of robbery, upon which conviction he was sentenced to a term of 10 years, said sentence to commence upon completion of service of the sentence imposed in case No. 91714.
3. Case No. 91716, for the offense of grand larceny, upon which conviction he was sentenced to a term of one year and one day, said sentence to commence upon completion of service of the sentence in case No. 91715.
4. Case No. 91717, for the offense of grand larceny, upon which conviction he was sentenced to a term of one year and one day, said sentence to commence upon completion of service of the sentence in case...
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State of Texas v. Grundstrom, No. 25423.
...F.Supp. 1; Gray v. Hocker, D.Nev. 1967, 268 F.Supp. 1004; Gainey v. Turner, E.D.N.C.1967, 266 F.Supp. 95; Hill v. Holman, M.D.Ala.1966, 255 F. Supp. 924. Also, recent state cases have taken a similar view. People v. Ali, 1967, 66 Cal.2d 438, 57 Cal.Rptr. 348, 424 P.2d 932; People v. Henders......
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Gilbert v. United States, No. 62 CR. 664.
...Adams, 281 U.S. 202, 50 S.Ct. 269, 74 L.Ed. 807 (1930); Yeaman v. United States, 326 F.2d 293, 294 (9th Cir. 1963); cf. Hill v. Holman, 255 F. Supp. 924, 925 Almost three years prior to petitioner's plea of guilty to three counts of the New York State indictment which charged him with crime......
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Chua Han Mow v. United States, No. C-85-2399-WWS.
...Cir.1975); Emig v. Bell, 456 F.Supp. 24, 26 (D.Conn.1978); Mize v. United States, 323 F.Supp. 792, 794 (N.D.Miss.1971); Hill v. Holman, 255 F.Supp. 924, 925 3 Although petitioner claims the "United States authorities had advised the local Customs Department to arrest Chua and others and pun......
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Rice v. Simpson, Civ. A. No. 2583-N.
...sentence in No. 6427 that had been declared void by the State of Alabama. As 274 F. Supp. 119 this Court stated in Hill v. Holman, D.C., 255 F.Supp. 924 "The constitutional requirements of due process will not permit the State of Alabama to require petitioner Hill, or any other prisoner for......
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State of Texas v. Grundstrom, No. 25423.
...F.Supp. 1; Gray v. Hocker, D.Nev. 1967, 268 F.Supp. 1004; Gainey v. Turner, E.D.N.C.1967, 266 F.Supp. 95; Hill v. Holman, M.D.Ala.1966, 255 F. Supp. 924. Also, recent state cases have taken a similar view. People v. Ali, 1967, 66 Cal.2d 438, 57 Cal.Rptr. 348, 424 P.2d 932; People v. Henders......
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Gilbert v. United States, No. 62 CR. 664.
...Adams, 281 U.S. 202, 50 S.Ct. 269, 74 L.Ed. 807 (1930); Yeaman v. United States, 326 F.2d 293, 294 (9th Cir. 1963); cf. Hill v. Holman, 255 F. Supp. 924, 925 Almost three years prior to petitioner's plea of guilty to three counts of the New York State indictment which charged him with crime......
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Chua Han Mow v. United States, No. C-85-2399-WWS.
...Cir.1975); Emig v. Bell, 456 F.Supp. 24, 26 (D.Conn.1978); Mize v. United States, 323 F.Supp. 792, 794 (N.D.Miss.1971); Hill v. Holman, 255 F.Supp. 924, 925 3 Although petitioner claims the "United States authorities had advised the local Customs Department to arrest Chua and others and pun......
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Rice v. Simpson, Civ. A. No. 2583-N.
...sentence in No. 6427 that had been declared void by the State of Alabama. As 274 F. Supp. 119 this Court stated in Hill v. Holman, D.C., 255 F.Supp. 924 "The constitutional requirements of due process will not permit the State of Alabama to require petitioner Hill, or any other prisoner for......