Jones v. Welch

District of Columbia Circuit Court of Appeals

Argued Oct. 17, 1945.

Decided Nov. 19, 1945.

District of Columbia Circuit Court of Appeals · decided 1945-11-19

Cited by 2 later decisions — most recently July 1956

2 district ·

2 counsel of record

Relies on McNally v. Hill · Pope v. Huff · Goldsmith v. Aderholt

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1945-11-19

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¶1Mr. John Dillon Fitzgerald, of Washington, D. C. (appointed by this court) for appellant.

¶2Mr. Charles B. Murray, Assistant United States Attorney, of Washington, D. C., with whom Mr. Edward M. Curran, United States Attorney, of Washington, D. C., was on the brief, for appellee.

¶3Before EDGERTON, WILBUR K. MILLER, and PRETTYMAN, Associate Justices.

¶4PER CURIAM.

¶5The District Court denied appellant’s petition for habeas corpus. The allegations of the petition related to the manner in which the Parole Board arrived at its decision not to admit appellant to parole. “Eligibility to parole … cannot be tried in habeas corpus.” Pope v. Huff, 79 U.S.App.D.C. 18, 19, 141 F.2d 727, 728. McNally v. Hill, 293 U.S. 131, 55 S.Ct. 24, 79 L.Ed. 238; Goldsmith v. Aderholt, 5 Cir., 44 F.2d 166. The judgment of the District Court was therefore right and is affirmed. We do not suggest that the Board’s alleged procedure was in any way defective.