U.S. Court of Appeals for the Ninth Circuit, 1967

James Lane Kendall v. John H. Klinger, Superintendent, California Men's Colony, Los Padres, California

James Lane Kendall v. John H. Klinger, Superintendent, California Men's Colony, Los Padres, California
U.S. Court of Appeals for the Ninth Circuit · Decided September 22, 1967 · Chambers, Johnsen, Koelsch, Per Curiam
383 F.2d 436 (Federal Reporter, Second Series)

James Lane Kendall v. John H. Klinger, Superintendent, California Men's Colony, Los Padres, California

Opinion

*437 PER CURIAM:

The appeal is dismissed as moot because the appellant has been released from state custody. See Parker v. Ellis, 362 U.S. 574, 80 S.Ct. 909, 4 L.Ed.2d 963.

Were we to pass over this point, which we cannot, it could be suggested to appellant that he has made no attack on the first of two convictions. Thus, civil rights to vote (which he now wants to vindicate here) could not be vindicated because of the first conviction, even if we could eradicate his second conviction.

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