Joseph N. Gremillion v. C. Murray Henderson, Warden
Cases that cite this one
34 later published cases cite this decision. The 25 that cite it most often are listed here.
- Arthur Jackson, Jr. v. State of Alabama, Jasper Lee Cooks v. Circuit Court of Mobile County (5th Cir. 1976)
- Valentine v. State (Mo. 1976)
- Robert Matthews v. Hayden J. Dees, Warden (5th Cir. 1978)
- Brown v. Beto (District Court, S.D. Texas 1973)
- Lillian P. Cobb v. Melvin Bailey, Sheriff of Jefferson County (5th Cir. 1972)
- Clayton Palmer v. Richard L. Dugger, Robert A. Butterworth, Attorney General, Respondents (11th Cir. 1987)
- John Tyronne Martin v. State of Florida (5th Cir. 1976)
- Russo v. Johnson (District Court, S.D. Texas 2001)
- Billy Ray Bayless v. W. J. Estelle, Jr., Director, Texas Department of Corrections (5th Cir. 1978)
- Michael J. Paprskar v. W. J. Estelle, Jr., Director, Texas Department of Corrections (5th Cir. 1978)
- Brinkman v. Schubert (District Court, W.D. Wisconsin 1976)
- J. Loyd Parker, Jr. v. W. J. Estelle, Director, Texas Department of Corrections (5th Cir. 1974)
- Fisher v. State (Tex. Crim. App. 1974)
- Ex Parte Freeman (Tex. Crim. App. 1972)
- State v. Williams (La. 1972)
- Valdez v. State (Tex. Crim. App. 1972)
- Ex Parte Parker (Tex. Crim. App. 1972)
- Vessels v. State (Tex. Crim. App. 1971)
- State v. Moore (Slip Opinion) (Ohio 2018)
- Grady Boutwell v. Eddie Nagle and the Attorney General of the State of Alabama (11th Cir. 1988)
- Ex Parte Canada (Tex. Crim. App. 1988)
- Joseph S. George, Jr. And Ricky D. Jackson v. Robert Parratt, Warden, Nebraska Penal Complex (8th Cir. 1979)
- Thomas Harry Durkin v. Jack F. Davis, Director, Dept. Of Corrections (4th Cir. 1976)
- Parker v. Estelle (District Court, S.D. Texas 1976)
- James Culotta v. Warden Pickett (7th Cir. 1974)
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
This appeal is taken from the district court’s denial of the petition of Joseph N. Gremillion, a Louisiana state prisoner, for a writ of habeas corpus. We affirm. 1
Appellant contends that he is entitled to credit for nine months and thirteen days of time spent in custody prior to sentencing. He was convicted in the Nineteenth Judicial District Court in East Baton Rouge Parish, upon his plea of guilty, of armed robbery; and he was sentenced to serve ten years, whereas the maximum imposable sentence was ninety-nine years. 2 The sentencing court could have awarded the appellant credit for his presentence jail time, but did not do so. La.C.Cr.P., Art. 880.
Even if we asume that the conclusive presumption 3 applied in federal *1294 cases is not controlling here, because the record shows beyond doubt that credit was not given, there is no federal constitutional right to credit for time served prior to sentence. In the absence of a statute requiring that such credit be given, the matter is within the discretion of the sentencing judge. Here there is a statute but it specifically gives the judge complete discretion. 4 Thus we find no custody in violation of the United States Constitution and therefore no claim cognizable on a federal writ of habeas corpus.
Affirmed.
. Pursuant to Rule 18 of the Rules of this Court, we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5th Cir., 1969, 409 F.2d 804, Part I; and Huth v. Southern Pacific Company, 5th Cir., 1969, 417 F.2d 526, Part I.
. We note that the statute here, unlike that in Stapf v. United States, 1966, 125 U.S. App.D.C. 100, 367 F.2d 326, does not impose an arbitrary classification.
. La.Cr.C., Art. 64.
. See Bryans v. Blackwell, 5 Cir., 1967, 387 F.2d 764.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.