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Peyton Vs. Rowe

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  • US Supreme Court
  • May 20, 1968

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59 entries 11 linked 48 unlinked
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  1. Moore Vs. Dempsey US Supreme Court · Feb 19, 1923
  2. Johnson Vs. Zerbst US Supreme Court · May 23, 1938
  3. Fay Vs. Noia US Supreme Court · Mar 18, 1963
  4. Mcnally Vs. Hill US Supreme Court · Nov 05, 1934
  5. Frank Vs. Mangum US Supreme Court · Apr 12, 1915
  6. Holiday Vs. Johnston US Supreme Court · May 26, 1941
  7. Reck Vs. Pate US Supreme Court · Jun 12, 1961
  8. Leyra Vs. Denno US Supreme Court · Jun 01, 1954
  9. Sheppard Vs. Maxwell US Supreme Court · Jun 06, 1966
  10. United States Vs. Pridgeon US Supreme Court · Apr 18, 1894
    Relied / Followed
  11. Ford Vs. Ford US Supreme Court · Dec 10, 1962
  12. U.S. 54 (1968) U.S. Supreme Court Peyton v. Rowe
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  13. U.S. 54 (1968) Peyton v. Rowe
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  14. The District Courts, relying on McNally v. Hill
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  15. thereunder challenge the constitutionality of a sentence scheduled for future service. The decision in McNally v. Hill
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  16. invalid because of a deprivation of rights guaranteed by the Constitution. The Court considered this issue in McNally v. Hill
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  17. Brown v. Allen
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  18. Third, at least tentatively in Frank v. Mangum
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  19. U. S. 309 Page 391 U. S. 60 (1915), and more clearly in Moore v. Dempsey
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  20. a procedure that reached full flowering in Johnson v. Zerbst
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  21. s suggestion that McNally might seek relief by another route. Id. at 293 U. S. 140 . See also Holiday v. Johnston
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  22. To name but a few examples, factual determinations are often dispositive of claims of coerced confession, e.g., Reck v. Pate
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  23. U. S. 433 (1961), Leyra v. Denno
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  24. lack of competency to stand trial, e.g., Pate v. Robinson
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  25. U. S. 375 (1966), and denial of a fair trial, e.g., Sheppard v. Maxwell
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  26. resolving fact issues not adequately developed in the original proceedings. To that extent, it also undermines Moore v. Dempsey
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  27. supra, and is inconsistent with subsequent decisions of this Court which have reaffirmed Moore. E.g., Johnson v. Zerbst
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  28. review of alleged unlawful restraints on liberty. Calendar congestion, considerations of federalism, see, e.g., Fay v. Noia
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  29. development of the writ of habeas corpus did not end in 1789. What we said of the writ in a similar context in Jones v. Cunningham
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  30. Though McNally held only that the petitioner did not meet the custody requirements of the statute, see Walker v. Wainwright
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  31. filed his habeas corpus petition could still obtain relief from the restraints imposed by the parole conditions, Jones v. Cunningham
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  32. habeas corpus proceeding even though he would still be confined under the second sentence if he succeeded, Walker v. Wainwright
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  33. supra. See also United States v. Pridgeon
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  34. Supreme Court of Appeals. This petition was denied under Virginia's version of the McNally rule. See Peyton v. Williams
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  35. upon a future consecutive sentence which affects or may affect a prisoner's current parole eligibility. Williams v. Peyton
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  36. Martin v. Virginia
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  37. U. S. 140 . In Williams and Martin, the Court of Appeals concluded that this Court's decision in Jones v. Cunningham
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  38. Walker v. Wainwright
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  39. E.g., Rex v. Clarkson
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  40. Ford v. Ford
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  41. Fay v. Noia
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  42. was equally applicable to state prisoners claiming their incarceration violated the Constitution. E.g., Darr v. Burford
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  43. loss or destruction of a relevant document or failure to transcribe the record over a period of years, cf. Norvell v. Illinois
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  44. which previously followed the prematurity doctrine to reject it in recent years. See Commonwealth ex rel. Stevens v. Myers
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  45. Landreth v. Gladden
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  46. fine in addition to a valid prison term. 150 U.S. at 150 U. S. 653 . In at least two cases, Morgan v. Devine
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  47. See Regina v. Albury
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  48. Wilkes v. Rex
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  49. U.S. Supreme Court Peyton v. Rowe
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  50. Pate v. Robinson
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