Yvette J. Madsen v. Winfred Overholser, Superintendent of Saint Elizabeths Hospital

D.C. Circuit

Yvette J. Madsen v. Winfred Overholser, Superintendent of Saint Elizabeths Hospital

251 F.2d 387

Court of Appeals for the D.C. Circuit·Decided March 31, 1958·No. 14130·Published

Opinion

*388 PER CURIAM.

Appellant, then an Army wife in Germany, was convicted of murdering her husband. She has served only part of her sentence and is now a mental patient in St. Elizabeths Hospital. She contends her conviction and sentence were invalid and asks release in habeas corpus. In a previous habeas corpus case, Madsen v. Kinsella, 343 U.S. 341, 72 S.Ct. 699, 96 L.Ed. 988, the Supreme Court sustained her conviction and sentence. She asks us to treat that decision as overruled by Reid v. Covert (Kinsella v. Krueger), 354 U.S. 1, 77 S.Ct. 1222, 1 L.Ed.2d 1148. But we deem ourselves bound by the Supreme Court’s decision in the Madsen case itself.

Affirmed.

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*388 PER CURIAM.

Appellant, then an Army wife in Germany, was convicted of murdering her husband. She has served only part of her sentence and is now a mental patient in St. Elizabeths Hospital. She contends her conviction and sentence were invalid and asks release in habeas corpus. In a previous habeas corpus case, Madsen v. Kinsella, 343 U.S. 341, 72 S.Ct. 699, 96 L.Ed. 988, the Supreme Court sustained her conviction and sentence. She asks us to treat that decision as overruled by Reid v. Covert (Kinsella v. Krueger), 354 U.S. 1, 77 S.Ct. 1222, 1 L.Ed.2d 1148. But we deem ourselves bound by the Supreme Court’s decision in the Madsen case itself.

Affirmed.

Yvette J. Madsen v. Winfred Overholser, Superintendent of Saint Elizabeths Hospital, 251 F.2d 387 (D.C. Cir. 1958).

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251 F.2d 387 (Yvette J. Madsen v. Winfred Overholser, Superintendent of Saint Elizabeths Hospital) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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