Wood v. Crouse, 7500.
| Decision Date | 31 January 1964 |
| Docket Number | No. 7500.,7500. |
| Citation | 327 F.2d 81 |
| Parties | William Nay WOOD, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Arthur W. Burke, Jr., Denver, Colo., for appellant.
Arthur E. Palmer, Asst. Atty. Gen., Topeka, Kan. (William M. Ferguson, Atty. Gen., of Kansas, and Park McGee, Asst. Atty. Gen., Topeka, Kan., on the brief), for appellee.
Before PICKETT and LEWIS, Circuit Judges, and KERR, District Judge.
This is a habeas corpus proceeding in which petitioner, Wood, challenges the validity of five sentences for 30 years each which he is now serving in the Kansas State Penitentiary. The petitioner appeals from an order discharging the writ remanding him to the custody of the respondent warden.
Wood is also serving, concurrently with the 30 year sentences, another, separate and as yet uncompleted sentence of not less than 10 years. The validity of this sentence is not questioned.
It is well settled that habeas corpus will not lie when the prisoner will not be entitled to immediate release if there is a determination in his favor in the proceeding. Crawford v. Taylor, 10 Cir., 290 F.2d 197; McGann v. Taylor, 10 Cir., 289 F.2d 820, cert. denied 368 U.S. 904, 82 S.Ct. 182, 7 L.Ed.2d 98.
Affirmed.
To continue reading
Request your trial
-
Wood v. Crouse
...of Appeals for the Fifth Circuit, sitting by designation. 1 Wood v. Crouse, 389 F.2d 747 (10th Cir. 1968); see also, Wood v. Crouse, 327 F. 2d 81 (10th Cir. 1964). 2 E. g., Williams v. United States, 323 F.2d 90 (10th Cir. 1963); Hart v. United States, 162 F.2d 74 (10th Cir. 1947); Shurman ......
-
Johnson v. Taylor
...corpus proceedings. Osborne v. Taylor, 10 Cir., 328 F.2d 131, cert. denied 377 U.S. 1002, 84 S.Ct. 1936, 12 L.Ed.2d 1051; Wood v. Crouse, 10 Cir., 327 F.2d 81; Browning v. Crouse, 10 Cir., 327 F.2d 529; Dickenson v. Davis, 10 Cir., 245 F.2d 317, cert. denied 355 U. S. 918, 78 S.Ct. 349, 2 L......
-
Johnson v. Beto
...55 S.Ct. 24, 79 L.Ed. 238 (1934); Brown v. Beto, 377 F.2d 950 (5 Cir. 1967); Wilson v. Gray, 345 F.2d 282 (9 Cir. 1965); Wood v. Crouse, 327 F.2d 81 (10 Cir. 1964). Limiting our inquiry to the second conviction, appellant urges (1) that a pistol obtained as a result of an illegal search and......
-
Wood v. Crouse, 9771.
...not appealed. In the fourth we denied relief on the ground that he was then serving a sentence which he did not attack. See Wood v. Crouse, 10 Cir., 327 F.2d 81. We are concerned solely with the question of whether the prisoner has exhausted his available state remedies. The federal distric......