United States of America Ex Rel. Michael Miller v. David N. Myers, Superintendent

Third Circuit

United States of America Ex Rel. Michael Miller v. David N. Myers, Superintendent

394 F.2d 619, 1968 U.S. App. LEXIS 7067

CourtCourt of Appeals for the Third Circuit

DecidedMay 6, 1968

Docket16171_1

StatusPublished

This text of 394 F.2d 619 (United States of America Ex Rel. Michael Miller v. David N. Myers, Superintendent) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third 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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United States of America Ex Rel. Michael Miller v. David N. Myers, Superintendent, 394 F.2d 619, 1968 U.S. App. LEXIS 7067 (3d Cir. 1968).

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Opinion

OPINION OF THE COURT

PER CURIAM.

On November 3, 1961 the Relator Miller, having been found guilty by a jury of the crime of receiving stolen goods was sentenced to not less than two and not more than ten years imprisonment. Subsequently, on January 29, 1966 Miller was sentenced to serve from seven to twenty years on another indictment. The latter, the 1966 sentence, was ordered to commence after Miller had completed the 1961 sentence. The Relator sought a writ of habeas corpus in the court below alleging certain constitutional infirmities in his trial which had resulted in the 1961 sentence, the sentence which he is presently serving. The court below, citing McNally v. Hill, 293 U.S. 131, 55 S.Ct. 24, 79 L.Ed. 238 (1934), denied the writ on the ground that habeas corpus would be available to the Relator only when he had served his first sentence and he was not entitled to release in the light of his outstanding 1966 sentence. The court below was in error. Walker v. Wainwright, 390 U.S. 335, 88 S.Ct. 962, 19 L.Ed.2d 1215 (1968); Palumbo v. State of New Jersey, 334 F.2d 524, 525 (3 Cir. 1964).

Accordingly, the judgment will be reversed and the case remanded with directions to reinstate the petition and to proceed as the law and the facts may require.

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OPINION OF THE COURT

PER CURIAM.

On November 3, 1961 the Relator Miller, having been found guilty by a jury of the crime of receiving stolen goods was sentenced to not less than two and not more than ten years imprisonment. Subsequently, on January 29, 1966 Miller was sentenced to serve from seven to twenty years on another indictment. The latter, the 1966 sentence, was ordered to commence after Miller had completed the 1961 sentence. The Relator sought a writ of habeas corpus in the court below alleging certain constitutional infirmities in his trial which had resulted in the 1961 sentence, the sentence which he is presently serving. The court below, citing McNally v. Hill, 293 U.S. 131, 55 S.Ct. 24, 79 L.Ed. 238 (1934), denied the writ on the ground that habeas corpus would be available to the Relator only when he had served his first sentence and he was not entitled to release in the light of his outstanding 1966 sentence. The court below was in error. Walker v. Wainwright, 390 U.S. 335, 88 S.Ct. 962, 19 L.Ed.2d 1215 (1968); Palumbo v. State of New Jersey, 334 F.2d 524, 525 (3 Cir. 1964).

Accordingly, the judgment will be reversed and the case remanded with directions to reinstate the petition and to proceed as the law and the facts may require.

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394 F.2d 619, 1968 U.S. App. LEXIS 7067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-of-america-ex-rel-michael-miller-v-david-n-myers-ca3-1968.

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