(DOWNLOAD) "Bryans v. Blackwell" by United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Bryans v. Blackwell
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 20, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
This is an appeal from a judgment entered by the district court for the Northern District of Georgia under three numbered cases which resulted from a careful analysis by the trial court of some twelve petitions for habeas corpus, mandamus or other relief filed by the prisoner within less than a month between January 19 and February 10, 1967. Our reading of the petitions and the orders of the trial court discloses that the trial judge patiently, and with accuracy culled out of the repetitive filings the issues sought to be raised by the prisoner. In case number 10688 the court dealt with the issue of whether the prisoner had a valid "election not to serve" under old Rule 38(a) (2), outstanding in the Northern District of California. We affirm, as correct, the trial courts disposition of this issue. In the district court case number 10760, petitioner alleged that since his initial arrest he had been in custody for a period longer than his present two-year sentence, and should therefore be entitled to immediate release. It is for the purpose of discussing this contention that this present opinion is written. It will be discussed fully below.