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John Omo v. Sherman H. Crouse, Warden, Kansas State Penitentiary

John OMO, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Appellee

Omo v. Sherman H. Crouse,, Kan. State Penitentiary, 395 F.2d 757 (10th Cir. 1968)
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Court
Court of Appeals for the Tenth Circuit · U.S. Courts of Appeals
Decided
June 19, 1968
Docket
No. 9792_1
Judges
Pickett, Lewis, Seth
Citations
395 F.2d 757

Opinion — Seth

SETH, Circuit Judge.

This is a companion case to Brown v. Crouse, No. 9669, 10 Cir., 395 F.2d 755 , and was heard with it.

The petitioner Omo filed a petition for a writ of habeas corpus with the United States District Court for the District of Kansas seeking his release from the Kansas State Penitentiary. He asserted several violations of his rights under the Constitution of the United States. These issues had been considered by the Kansas Supreme Court on appellant’s direct appeal from his conviction. State v. Omo, 199 Kan. 167 , 428 P.2d 768 . Petitioner urges that under Miles v. State, 195 Kan. 516 , 407 P.2d 507 , the Kansas Supreme Court has adopted a rule that it is not error for the trial court to dismiss post conviction motions which raise “trial errors” passed upon by the Kansas Supreme Court on the direct appeal of movant’s conviction. Appellant thus asserts that it would be futile for him to seek state post conviction relief, and relies on our recent case of Wood v. Crouse, February 9, 1968, 389 F.2d 747 (10th Cir.).

We find that Wood v. Crouse is not applicable here for the reasons we stated in our opinion filed in the case which is the companion to the one at bar. Brown v. Crouse, No. 9669, 395 F.2d 755 (10th Cir.).

The exhaustion of state remedies issue was properly determined by the trial court to be a proper reason to refuse to consider appellant’s petition, and for the reasons set out in our opinion in Brown v. Crouse, supra.

Affirmed.

How later courts describe this case

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

Cited by 16 cases

View all citing references →
1968: 11969: 31971: 21972: 11973: 11974: 21975: 21976: 21977: 11982: 119682026peak 1969 · 3

Relies on it most ⓘ

  1. Sandoval v. Felix Rodriguez461 F.2d 1097 (10th Cir. 1972)
  2. Rito G. Canales v. J. E. Baker, Warden406 F.2d 685 (10th Cir. 1969)
  3. William Glenn Denney v. State of Kansas, Its Agent, Sheriff Dayton Evans, Cherokee County, Columbus, Kansas436 F.2d 587 (10th Cir. 1971)
  4. Gist v. State of Oklahoma371 F. Supp. 541 (E.D. Okla. 1974)
  5. A. L. Capps v. Wayne K. Patterson, Warden, Colorado State Penitentiary398 F.2d 345 (10th Cir. 1968)
  6. Moles v. State of Oklahoma384 F. Supp. 1148 (W.D. Okla. 1974)

Most recent

  1. Smith v. Atkins540 F. Supp. 756 (D. Kan. 1982)
  2. Gowler v. Arnold462 F. Supp. 427 (W.D. Okla. 1977)
  3. Edwards v. Oklahoma412 F. Supp. 556 (W.D. Okla. 1976)
  4. Karlin v. Oklahoma412 F. Supp. 635 (W.D. Okla. 1976)
  5. Robinson v. Oklahoma404 F. Supp. 1168 (W.D. Okla. 1975)
  6. Reynolds v. Oklahoma397 F. Supp. 1112 (W.D. Okla. 1975)

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 4

DepthCaseCited by
Le Roy St. Clair Brown, Jr. v. Sherman H. Crouse,, Kan. State Penitentiary, 395 F.2d 755 (10th Cir. 1968) 22
State v. Omo, 428 P.2d 768 (Kan. 1967) 20
Miles v. State, 407 P.2d 507 (Kan. 1965) 10
Wood v. Crouse, 389 F.2d 747 (10th Cir. 1968) 13

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