U.S. Court of Appeals for the Tenth Circuit, 1951

Carr v. Burford, Warden

U.S. Court of Appeals for the Tenth Circuit · Decided April 3, 1951 · Bratton, Huxman, Per Curiam, Pickett

188 F.2d 159; 1951 U.S. App. LEXIS 2979 (Federal Reporter, Second Series)

Counsel

Glenn Carr, pro se, filed briefs., Mac Q. Williamson, Atty. Gen., of Oklahoma, and Owen J. Watts, Asst. Atty. Gen., of Oklahoma, filed a brief for appellee.

Cases that cite this one

1 later published case cites this decision.

Chester Davis v. Marcell Graham, Warden, Utah State Prison (10th Cir. 1956)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This is an appeal from the judgment of the United States District Court for the Eastern District of Oklahoma dismissing appellant’s petition for writ of habeas corpus.

On April 3, 1948, petitioner was convicted in the district court of Canadian County, Oklahoma, for violation of the Habitual Criminal Statute, 21 Okl.St.Ann. § 51, and was sentenced to serve a term of 25 years in the Oklahoma State Penitentiary. The judgment and sentence were affirmed by the Criminal Court of Appeals. Carr v. State, Okl.Cr.App., 216 P.2d 333. An unsuccessful attempt was made to have this decision reviewed by the Supreme Court of the United States. Carr v. Oklahoma, 340 U.S. 840, 71 S.Ct. 28. Habeas corpus proceedings were not instituted in the state court prior to the commencement of this action.

On the authority of Ex parte Williams, 317 U.S. 604, 63 S.Ct. 431, 87 L.Ed. 491, and Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587, 94 L.Ed. 761, the judgment is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.