Virgil Melton v. J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas
Cases that cite this one
6 later published cases cite this decision.
- United States v. Ernest James Cox and Ella Doris Roberts (9th Cir. 1973)
- Walters v. United States (United States District Court for the Western District of Arkansas 1969)
- William Warren Hash v. Pat Henderson, United States Marshal for the Eastern District of Arkansas (8th Cir. 1967)
- Carl Oscar Letellier v. J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas (10th Cir. 1965)
- United States v. Gernie (District Court, S.D. New York 1964)
- Thomas Hills v. John C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas (10th Cir. 1961)
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
In this habeas corpus proceeding the claim is that appellant Melton had completed his federal sentence on April 26, 1956, and cannot be held under a parole violator’s warrant which was issued in January, 1951, but not served upon appellant until his discharge from the Missouri State Penitentiary on March 28, 1959. The record discloses that after his release on parole Melton violated that parole and committed state offenses for which he was sentenced to the Missouri State Penitentiary. The trial court held that there was no unreasonable delay in the execution of the warrant, that it was lawfully served, and that the writ should be discharged. As service of the original sentence was interrupted by parole violation and incarceration in a 'state penal institution the full term of that sentence has not been completed and Melton is properly in custody. See Zerbst v. Kidwell, 304 U.S. 359, 58 S.Ct. 872, 82 L.Ed. 1399; Groce v. Hudspeth, 10 Cir., 121 F.2d 800; Teague v. Looney, 10 Cir., 268 F.2d 506.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.