Carr v. Burford, Warden

Tenth Circuit

Carr v. Burford, Warden

188 F.2d 159, 1951 U.S. App. LEXIS 2979

CourtCourt of Appeals for the Tenth Circuit

DecidedApril 3, 1951

Docket4215_1

StatusPublished

Cited by1 cases

This text of 188 F.2d 159 (Carr v. Burford, Warden) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Carr v. Burford, Warden, 188 F.2d 159, 1951 U.S. App. LEXIS 2979 (10th Cir. 1951).

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Opinion

PER CURIAM.

This is an appeal from the judgment of the United States District Court for the Eastern District of Oklahoma dismissing appellant’s petition for writ of habeas corpus.

On April 3, 1948, petitioner was convicted in the district court of Canadian County, Oklahoma, for violation of the Habitual Criminal Statute, 21 Okl.St.Ann. § 51, and was sentenced to serve a term of 25 years in the Oklahoma State Penitentiary. The judgment and sentence were affirmed by the Criminal Court of Appeals. Carr v. State, Okl.Cr.App., 216 P.2d 333. An unsuccessful attempt was made to have this decision reviewed by the Supreme Court of the United States. Carr v. Oklahoma, 340 U.S. 840, 71 S.Ct. 28. Habeas corpus proceedings were not instituted in the state court prior to the commencement of this action.

On the authority of Ex parte Williams, 317 U.S. 604, 63 S.Ct. 431, 87 L.Ed. 491, and Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587, 94 L.Ed. 761, the judgment is affirmed.

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PER CURIAM.

This is an appeal from the judgment of the United States District Court for the Eastern District of Oklahoma dismissing appellant’s petition for writ of habeas corpus.

On April 3, 1948, petitioner was convicted in the district court of Canadian County, Oklahoma, for violation of the Habitual Criminal Statute, 21 Okl.St.Ann. § 51, and was sentenced to serve a term of 25 years in the Oklahoma State Penitentiary. The judgment and sentence were affirmed by the Criminal Court of Appeals. Carr v. State, Okl.Cr.App., 216 P.2d 333. An unsuccessful attempt was made to have this decision reviewed by the Supreme Court of the United States. Carr v. Oklahoma, 340 U.S. 840, 71 S.Ct. 28. Habeas corpus proceedings were not instituted in the state court prior to the commencement of this action.

On the authority of Ex parte Williams, 317 U.S. 604, 63 S.Ct. 431, 87 L.Ed. 491, and Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587, 94 L.Ed. 761, the judgment is affirmed.

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188 F.2d 159, 1951 U.S. App. LEXIS 2979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carr-v-burford-warden-ca10-1951.

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