LYONS v. BRIERLEY

No. 18370.

435 F.2d 1214 (1970)

Paul T. LYONS, Appellant, v. Joseph R. BRIERLEY.

United States Court of Appeals, Third Circuit.

Argued after Submission October 19, 1970.

Decided on December 18, 1970.


Attorney(s) appearing for the Case

John T. Tierney, III, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellant.

Robert L. Campbell, Asst. Dist. Atty., Pittsburgh, Pa. (Robert W. Duggan, Dist. Atty., of Allegheny County, Carol Mary Los, Asst. Dist. Atty., Pittsburgh, Pa., on the brief), for appellee.

Before McLAUGHLIN, FREEDMAN and GIBBONS, Circuit Judges.


OPINION OF THE COURT

FREEDMAN, Circuit Judge.

This appeal raises the question whether the district court had jurisdiction to consider a habeas corpus attack on the validity of a fully served sentence petitioner was required to complete which thereby postponed the commencement of his service of a later sentence on another unchallenged conviction for which he is still incarcerated.

In 1962 petitioner was convicted of larceny in the state court in Allegheny...

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