Opinion

E. Haydon Bozell v. Henry M. Lindsay, Supt. District Reformatory

  • 216 F.2d 190
Court
Court of Appeals for the Fourth Circuit
Filed
Oct 14, 1954
Status
Published
On the bench
Parker, Dobie, Boreman
Cited by
1 cases
Authority
More cited than 46.4%

The opinion

PER CURIAM.

This is another appeal in a habeas corpus case by a prisoner who in 1949 was convicted in the District of Columbia under four counts of an indictment which charged him with using the mails to defraud in violation of 18 U.S.C. § 1341 . His conviction was affirmed by the United States Court of Appeals of the District of Columbia. 85 U.S.App.D.C. 420 , 174 F.2d 672 , certiorari denied 341 U.S. 927 , 71 S.Ct. 792 , 95 L.Ed. 1358 . In 1952 we denied a petition by him to review the action of the Parole Board in denying him parole. 4 Cir., 199 F.2d 449 . In 1953 he appealed to us from an order denying an application for habeas corpus, and we affirmed that order and denied a petition for rehearing, not only on the ground that it did not appear that the remedy afforded by 28 U.S.C. § 2253 was inadequate or ineffective to test the legality of petitioner’s detention, but also on the ground that habeas corpus may not be used in lieu of appeal for the purpose of correcting errors alleged to have been committed in the course of a trial, Bozell v. Welch, 4 Cir., 203 F.2d 711 . The denial of the application in this case was proper on the same grounds.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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