PRESSLEY v. SWAIN

No. 73-1975.

515 F.2d 1290 (1975)

Jasper C. PRESSLEY, Appellant, v. C. L. SWAIN.

United States Court of Appeals, District of Columbia Circuit.

Decided July 9, 1975.


Attorney(s) appearing for the Case

Mark W. Foster, Washington, D. C. (appointed by this Court), for appellant in No. 73-1975. Robert M. Weinberg, Washington, D. C. (appointed by this Court), entered an appearance for appellant in No. 73-1975.

Albert H. Turkus, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Warren R. King, Craig M. Bradley, and Tobey W. Kaczensky, Asst. U. S. Attys., were on the brief for appellee.

Before BAZELON, Chief Judge, and WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB and WILKEY, Circuit Judges, sitting en banc.


Opinion for the Court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

Along with Palmore v. Superior Court, 169 U.S.App.D.C. ___, 515 F.2d 1294, this case considers whether 23 D.C.Code § 110(g) (1973) eliminates the habeas corpus jurisdiction of the United States District Court for the District of Columbia for prisoners convicted in Superior Court. Finding that 23 D.C.Code § 110(g) does not divest jurisdiction...

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