Trueblood v. Tinsley, 7225.

CourtUnited States Courts of Appeals. United States Court of Appeals (10th Circuit)
Writing for the CourtBRATTON, LEWIS and HILL, Circuit
Citation316 F.2d 783
PartiesOtis Charles TRUEBLOOD, Appellant, v. Harry S. TINSLEY, Warden, Colorado State Penitentiary, Appellee.
Docket NumberNo. 7225.,7225.
Decision Date28 March 1963

316 F.2d 783 (1963)

Otis Charles TRUEBLOOD, Appellant,
v.
Harry S. TINSLEY, Warden, Colorado State Penitentiary, Appellee.

No. 7225.

United States Court of Appeals Tenth Circuit.

March 28, 1963.


316 F.2d 784

Samuel D. Menin, Denver, Colo., for appellant.

John E. Bush, Asst. Atty. Gen. of Colorado (Duke W. Dunbar, Atty. Gen., of Colorado, and Frank E. Hickey, Deputy Atty. Gen., of Colorado, were with him on the brief), for appellee.

Before BRATTON, LEWIS and HILL, Circuit Judges.

BRATTON, Circuit Judge.

Otis Charles Trueblood, petitioner in this proceeding in habeas corpus, was convicted in the District Court of the City and County of Denver, Colorado, of the offense of assaulting and taking indecent liberties with a girl under sixteen years of age; and he was sentenced to an indeterminate term of not less than one day or more than life in the state penitentiary. By petition for a writ of habeas corpus filed in the state court, petitioner challenged the judgment and sentence on the ground that under the law of Colorado the maximum punishment which could have been imposed upon him in the criminal case was confinement in the penitentiary for not more than ten years. The petition was denied; the denial was affirmed, Trueblood v. Tinsley, Colo., 366 P.2d 655; and certiorari was denied, 370 U.S. 929, 82 S. Ct. 1570, 8 L.Ed.2d 507.

Having exhausted his remedy in the state courts, petitioner instituted in the United States Court for Colorado this proceeding in habeas corpus to obtain his discharge from further confinement. The basis of the asserted right to discharge was that section 40-2-32 of the Colorado Revised Statutes 1953 fixes a penalty of confinement of not more than ten years for the offense for which he was convicted; that he should have been sentenced under that statute; that instead, the court erroneously sentenced him to an indeterminate term of not less than one day or more than life under section 39-19-1, Colorado Revised Statutes 1953, Perm.Cum.Supp.; and that the imposition of sentence upon him under that statute resulted in the denial of equal protection of law in violation of the Fourteenth Amendment to the Constitution of the United States. The writ was denied and the proceeding is here on appeal.

While petitioner expresses doubt respecting the constitutional validity of section 39-19-1, supra, under any and all circumstances, the nub of the primary contention urged for reversal of the judgment denying the petition for the...

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5 practice notes
  • People v. White, No. 80SA348
    • United States
    • Colorado Supreme Court of Colorado
    • January 10, 1983
    ...C.S.O.A. and its predecessor. See generally Specht v. Patterson, 386 U.S. 605, 87 S.Ct. 1209, 18 L.Ed.2d 326 (1967); Trueblood v. Tinsley, 316 F.2d 783 (10th Cir.1963); People v. Breazeale, 190 Colo. 17, 544 P.2d 970 (1976); Vanderhoof v. People, 152 Colo. 147, 380 P.2d 903 (1963); Truebloo......
  • People v. Leisen
    • United States
    • New York Supreme Court Appellate Division
    • July 12, 1967
    ...903; Sutton v. People of Colorado, 156 Colo. 201, 397 P.2d 746). The Tenth Circuit construed the statute similarly (Trueblood v. Tinsley, 316 F.2d 783 The Colorado courts relied on their prior decision in Trueblood, and on the Supreme Court decision in Williams, 337 U.S. 241, 69 S.Ct. 1079,......
  • Specht v. Patterson, No. 8433.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • March 23, 1966
    ...sustained the constitutionality on the basis of prior adjudications of the Colorado Supreme Court and this court in Trueblood v. Tinsley, 316 F.2d 783. The state readily concedes that petitioner's state remedies have been exhausted and the asserted due process and equal protection issues ar......
  • State v. English, No. 44094
    • United States
    • United States State Supreme Court of Kansas
    • March 4, 1967
    ...the laws nor deprive the accused of his liberty without due process of law. See, also Trueblood v. Tinsley, 148 Colo. 503, 366 P.2d 655, 316 F.2d 783 (10th Cir. 1963), cert. den. 370 U.S. 929, 82 S.Ct. 1570, 8 L.Ed.2d The constitutional validity of the provisions of the Kansas Act in this c......
  • Request a trial to view additional results
5 cases
  • People v. White, No. 80SA348
    • United States
    • Colorado Supreme Court of Colorado
    • January 10, 1983
    ...C.S.O.A. and its predecessor. See generally Specht v. Patterson, 386 U.S. 605, 87 S.Ct. 1209, 18 L.Ed.2d 326 (1967); Trueblood v. Tinsley, 316 F.2d 783 (10th Cir.1963); People v. Breazeale, 190 Colo. 17, 544 P.2d 970 (1976); Vanderhoof v. People, 152 Colo. 147, 380 P.2d 903 (1963); Truebloo......
  • People v. Leisen
    • United States
    • New York Supreme Court Appellate Division
    • July 12, 1967
    ...903; Sutton v. People of Colorado, 156 Colo. 201, 397 P.2d 746). The Tenth Circuit construed the statute similarly (Trueblood v. Tinsley, 316 F.2d 783 The Colorado courts relied on their prior decision in Trueblood, and on the Supreme Court decision in Williams, 337 U.S. 241, 69 S.Ct. 1079,......
  • Specht v. Patterson, No. 8433.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • March 23, 1966
    ...sustained the constitutionality on the basis of prior adjudications of the Colorado Supreme Court and this court in Trueblood v. Tinsley, 316 F.2d 783. The state readily concedes that petitioner's state remedies have been exhausted and the asserted due process and equal protection issues ar......
  • State v. English, No. 44094
    • United States
    • United States State Supreme Court of Kansas
    • March 4, 1967
    ...the laws nor deprive the accused of his liberty without due process of law. See, also Trueblood v. Tinsley, 148 Colo. 503, 366 P.2d 655, 316 F.2d 783 (10th Cir. 1963), cert. den. 370 U.S. 929, 82 S.Ct. 1570, 8 L.Ed.2d The constitutional validity of the provisions of the Kansas Act in this c......
  • Request a trial to view additional results

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