Emeary Moreland, Jr. v. United States
Cases that cite this one
12 later published cases cite this decision. The 11 that cite it most often are listed here.
- Jackson v. United States (District Court, D. New Jersey 1971)
- Collins v. State (Mo. 1970)
- Walker v. State (Idaho 1968)
- United States v. John A. Turner (8th Cir. 1971)
- Dewease v. Cox (District Court, W.D. Virginia 1971)
- Herbert Boyd Hayes, Jr. v. United States (10th Cir. 1970)
- Robert H. Runge v. United States of America, Robert H. Runge v. United States (10th Cir. 1970)
- State v. Addington (Kan. 1970)
- Kinnell v. State (Kan. 1970)
- United States Ex Rel. Orsini v. Reincke (United States District Court for the District of Connecticut 1968)
- Smith v. United States (District Court, D. Maryland 1967)
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
The appellant Moreland was convicted in the United States District Court for the District of Colorado of the crime of armed robbery, in violation of 18 U. S.C. § 2114. His conviction was affirmed. Moreland v. United States, 10 Cir., 270 F.2d 887. This proceeding under 28 U.S.C. § 2255 attacks the judgment and sentence on the ground that Moreland’s arrest by state officers without a warrant was in violation of his constitutional rights. We find no error in the trial court’s dismissal of the petition without a hearing.
An illegal arrest without more does not void a conviction and is not grounds for collateral attack under Section 2255. Tanner v. United States, 10 Cir., 296 F.2d 218; Roddy v. United States, 10 Cir. 296 F.2d 9; Klink v. Looney, 10 Cir., 262 F.2d 119; Whitney V. Zerbst, 10 Cir., 62 F.2d 970.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.