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George A. Fountaine v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, Kansas

George A. FOUNTAINE, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee

Fountaine v. Sherman H. Crouse,, Kan. State Penitentiary, Lansing, Kan., 337 F.2d 378 (10th Cir. 1964)
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Court
Court of Appeals for the Tenth Circuit · U.S. Courts of Appeals
Decided
November 4, 1964
Docket
No. 7753
Judges
Breitenstein, Hill
Citations
337 F.2d 378

Opinion — Per Curiam

PER CURIAM.

Appellant Fountaine appeals ■from a judgment which, after a hearing, denied habeas corpus relief. He is confined in the Kansas state penitentiary under a 30-year sentence imposed for violation of the Kansas habitual criminal statute (Kan.G.S.1949, § 21-107a) imposed on April 27, 1960. He contends that the sentence was contrary to Kansas law. The same argument was presented to the Kansas Supreme Court in State v. Fountaine, 188 Kan. 190 , 360 P.2d 1119 , which held that the sentence was valid under Kansas law. No showing is made that the appellant has been denied any fundamental right secured by the Federal Constitution. In the circumstances we accept the holding of the Kansas Supreme Court. See Ramsey v. Hand, 10 Cir., 309 F.2d 947, 949 , certiorari denied 373 U.S. 940 , 83 S.Ct. 1547 , 10 L.Ed.2d 695 .

In his petition for habeas corpus Fountaine alleges that his guilty plea was involuntary because of coercion and inducement; that he was denied the effective assistance of counsel; and that he was illegally arrested. No evidence was adduced at the district court hearing to sustain these allegations. The court properly rejected them.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1965: 11966: 11968: 119652026peak 1965 · 1

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
State v. Fountaine, 360 P.2d 1119 (Kan. 1961) 7
Ramsey v. Tracy A. Hand,, Kan. State Pentitentiary, Lansing, Kan., 309 F.2d 947 (10th Cir. 1962) 16
Cepero v. United States Congress, 373 U.S. 545 (1963) 7

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