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  • Jimmie W. Sullivan v. J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee, 338 F.2d 1004, 10th Cir. (1964)

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    This document is a court ruling on a habeas corpus petition filed by Jimmie W. Sullivan challenging his sentence. The court affirms the lower court's ruling, finding that Sullivan's claims were already considered and rejected in a previous Section 2255 motion. The court held that the remedy under Section 2255 is not inadequate or ineffective just because Sullivan's previous motion was unsuccessful, and that the same issues cannot be relitigated in a habeas corpus petition.

    Original Description:

    Filed: 1964-12-08 Precedential Status: Precedential Citations: 338 F.2d 1004 Docket: 7800_1

    Original Title

    Jimmie W. Sullivan v. J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas,appellee, 338 F.2d 1004, 10th Cir. (1964)

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    This document is a court ruling on a habeas corpus petition filed by Jimmie W. Sullivan challenging his sentence. The court affirms the lower court's ruling, finding that Sullivan's claims were already considered and rejected in a previous Section 2255 motion. The court held that the remedy under Section 2255 is not inadequate or ineffective just because Sullivan's previous motion was unsuccessful, and that the same issues cannot be relitigated in a habeas corpus petition.

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    Jimmie W. Sullivan v. J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee, 338 F.2d 1004, 10th Cir. (1964)

    Uploaded by

    Scribd Government Docs
    This document is a court ruling on a habeas corpus petition filed by Jimmie W. Sullivan challenging his sentence. The court affirms the lower court's ruling, finding that Sullivan's claims were already considered and rejected in a previous Section 2255 motion. The court held that the remedy under Section 2255 is not inadequate or ineffective just because Sullivan's previous motion was unsuccessful, and that the same issues cannot be relitigated in a habeas corpus petition.

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    of 1

    338 F.

    2d 1004

    Jimmie W. SULLIVAN, Appellant,


    v.
    J. C. TAYLOR, Warden, United States Penitentiary,
    Leavenworth, Kansas,Appellee.
    No. 7800.

    United States Court of Appeals Tenth Circuit.


    Dec. 8, 1964.

    Jack R. Lawrence, Oklahoma City, Okl., for appellant.


    Benjamin E. Franklin, Asst. U.S. Atty. (Newell A. George, U.S. Atty., on
    brief), for appellee.
    Before MURRAH, Chief Judge, and PICKETT and SETH, Circuit
    Judges.
    PER CURIAM.

    In this habeas corpus proceedings, the petitioner attacks his judgment of


    sentence contending that a motion under 28 U.S.C. 2255 is 'inadequate or
    ineffective to test the legality of his detention.' The same issues presented here
    were before the trial Court in a former 2255 proceedings, affirmed in this Court
    in Sullivan v. United States, 10 Cir., 315 F.2d 304. The remedy under Sec. 2255
    is not inadequate or ineffective even though unsuccessful.

    Affirmed.

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