PERRY

v.

MAXWELL, WARDEN

Citator

Cited By

• Mooneyham v. State OF Kan., 339 F.2d 209 (10th Cir. 1964)
  …ication for parole constituted “an acquiescence in the judgment of conviction so as to preclude his right to appeal therefrom.” State v. Mooneyham, 192 Kan. 620, 390 P. 2d 215, 216. A petition for writ of cer-tiorari to the Supreme Court was denied. 377 U.S. 958, 84 S.Ct. 1640, 12 L.Ed.2d 502. Mooneyham contends that the decision of the Supreme Court of Kansas deprived him of his basic right to appeal, in violation of the provisions of the Constitution of the United States. In other words, he maintains th…
• Moore v. Crouse, 393 F.2d 489 (10th Cir. 1968)
  …d as moot by the Kansas high court, the applicable state law provided that one who voluntarily applied for parole waived the right to appeal by acquiescence in the judgment of conviction. State v. Mooneyham, 192 Kan. 620, 390 P. 2d 215, cert. denied 377 U.S. 958, 84 S.Ct. 1640, 12 L.Ed.2d 502. This rule was constitutionally valid. Mooneyham v. State of Kansas, 10 Cir., 339 F. 2d 209. Kansas has since overruled its case law premising the rule. State v. McCarther, 197 Kan. 279, 416 P. 2d 290. At the federal…