WILLIAM NAY WOOD, APPELLANT,
v.
SHERMAN H. CROUSE, WARDEN, KANSAS STATE PENITENTIARY, LANSING, KANSAS, APPELLEE

10th Cir. | 1964-01-31
No. 7500
327 F.2d 81 United States Court of Appeals for the Tenth Circuit (1964) Positive Treatment
Cited by 12 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This is a habeas corpus proceeding in which petitioner, Wood, challenges the validity of five sentences for 30 years each which he is now serving in the Kansas State Penitentiary. The petitioner appeals from an order discharging the writ remanding him to the custody of the respondent warden.

Wood is also serving, concurrently with the 30 year sentences, another, separate and as yet uncompleted sentence of not less than 10 years. The validity of this sentence is not questioned.

It is well settled that habeas, corpus will not lie when the prisoner will not be entitled to immediate release if there is a determination in his favor in the proceeding. Crawford v. Taylor, 10 Cir., 290 F. 2d 197; McGann v. Taylor, 10 Cir., 289 F. 2d 820, cert. denied 368. U.S. 904, 82 S.Ct. 182, 7 L.Ed.2d 98.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw