Adam v. Vaught

Tenth Circuit Court of Appeals

Decided June 9, 1943.

Tenth Circuit Court of Appeals · decided 1943-06-09

Relies on United States v. Mayer · United States v. Mayer

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1943-06-09

How this case has been cited

Cited by 8 later decisions — most recently April 2013

2 district · 1 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Before PHILLIPS, HUXMAN, and WILLIAMS, Circuit Judges.

¶2PER CURIAM.

¶3R. E. Adam seeks leave to file a petition for a writ of mandamus directing Honorable Edgar S. Vaught, Judge of the District Court of the United States for the Western District of Oklahoma, to allow him to prosecute an appeal in forma pauperis from an order denying a motion to vacate a judgment and sentence.

¶4The term at which the judgment was entered had expired long before the motion to vacate was filed. The notice of appeal was not filed within the time required by Rule III of the Rules of Practice and Procedure, after plea of guilty, verdict or finding of guilt, in criminal cases, 18 U.S. C.A. following section 688. The motion does not set up any facts which would have warranted relief under a writ of error coram nobis, or coram nobis at common law. See United States v. Mayer 235 U.S. 55, 35 S.Ct. 16, 59 L.Ed. 129.

¶5Leave to file is, therefore, denied.