Roy Allen Cloud v. State of Louisiana
Cases that cite this one
5 later published cases cite this decision.
- State Ex Rel. Jackson v. Henderson (La. 1971)
- Cloud v. Louisiana (District Court, W.D. Louisiana 1971)
- Cook v. Smith (United States District Court for the Southern District of Georgia 1969)
- William E. Lydy v. Dr. George J. Beto, Director, Texas Department of Corrections (5th Cir. 1968)
- Gay v. Smith (United States District Court for the Southern District of Georgia 1968)
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
On December 11, 1963, the appellant was convicted in the Louisiana Courts of the crime of armed robbery. He was sentenced to prison for fifteen years. Later, he received a seven year sentence for an aggravated escape, to be served consecutively to the armed robbery sentence.
The District Court denied a habeas corpus petition attacking the armed robbery conviction because the action thereon would not result in the release of the petitioner, McNally v. Hill, 293 U.S. 131, 55 S.Ct. 24, 79 L.Ed. 238 (1934).
On May 20, 1968, the Supreme Court overruled McNally and held “that a prisoner serving consecutive sentences is ‘in custody’ under any one of them for purposes of § 2241(c) (3) [28 U.S.C.]”, Peyton v. Rowe, 391 U.S. 54, 88 S.Ct. 1549, 20 L.Ed.2d 426.
Therefore, the judgment of the District Court must be reversed and remanded for further proceedings not inconsistent with Peyton.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.