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Nelson Vs. George
Cites for this judgment
- US Supreme Court
- Jun 29, 1970
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U.S. 224 (1970) U.S. Supreme Court Nelson v. GeorgeSearch
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U.S. 224 (1970) Nelson v. GeorgeSearch
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his parole potential and the degree of security in which he was detained. Rehearing was denied on the basis of McNally v. HillSearch
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U. S. 131 , and respondent appealed to the Court of Appeals. The intervening decision in Peyton v. RoweSearch
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U. S. 54 , overruled McNally v. HillSearch
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under Peyton v. RoweSearch
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George was convicted and sentenced to imprisonment for 12 to 15 years. The conviction was thereafter affirmed, State v. GeorgeSearch
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had been filed. The District Court denied the application by order dated March 1, 1968, on the ground that McNally v. HillSearch
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detainer operated as a form of constructive custody. In support of his contention, he drew upon the language in Arketa v. WilsonSearch
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F.2d 582 (C.A. 9th Cir. 1967), to the effect that the strict rule of McNally v. HillSearch
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S. 227 eroded by this Court's subsequent decisions in Ex parte Hull, 312 U. S. 546 (1941), and Jones v. CunninghamSearch
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Arketa v. WilsonSearch
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Brief any citation in this list with AI Studio
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petition for rehearing, and George appealed to the Court of Appeals for the Ninth Circuit. Our decision in Peyton v. RoweSearch
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intervened. In that case, we overruled McNally v. HillSearch
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a federal habeas corpus action to test a future state sentence while he is serving an earlier sentence. In Peyton v. RoweSearch
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us, in such a Page 399 U. S. 228 single-state situation, the challenge to the continuing vitality of Ahrens v. ClarkSearch
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U. S. 188 (1948), does not arise. See Word v. NorthSearch
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the Full Faith and Credit Clause does not require that sister States enforce a foreign penal judgment, Huntington v. AttrillSearch
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the views of the majority of the Court of Appeals for the Fourth Circuit sitting en banc, concluded that Ahrens v. ClarkSearch
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No. 1502, 89th Cong., 2d Sess. (1966). Those changes were made by Congress, of course, prior to our decision in Peyton v. RoweSearch
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d) and the changed circumstances brought about by Peyton v. RoweSearch
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to remedy the shortcoming that has become apparent following the holding in Peyton v. RoweSearch
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as exist between the decision of the Court of Appeals in the present case and decisions in other circuits, see Word v. NorthSearch
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Van Scoten v. PennsylvaniaSearch
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conviction was made in his petition for rehearing. The District Court had dismissed the petition before Peyton v. RoweSearch
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U., S. 54, was decided, and in his argument for a rehearing the prisoner sought to distinguish McNally v. HillSearch
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U. S. 131 , which Peyton v. RoweSearch
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use in California of North Carolina's judgment. They are wholly irrelevant to the reasons why we held in Peyton v. RoweSearch
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Word v. NorthSearch
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habeas corpus applications only in the district court for the district in which the prisoner is confined ( Ahrens v. ClarkSearch
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to a different district pursuant to the provisions of ection 1404(a) of title 28, United States Code ( Hoffman v. BlaskiSearch
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U.S. Supreme Court Nelson v. GeorgeSearch
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of McNally v. HillSearch
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McNally v. HillSearch
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State v. GeorgeSearch
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and Jones v. CunninghamSearch
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In Peyton v. RoweSearch
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of Ahrens v. ClarkSearch
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See Word v. NorthSearch
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Ahrens v. ClarkSearch
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Van Scoten v. PennsylvaniaSearch
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