Wheatley v. Hunter, Warden, U. S. Penitentiary, Leavenworth, Kan

Tenth Circuit Court of Appeals

Nov. 26, 1951.

Tenth Circuit Court of Appeals · decided 1951-11-26

Cited by 4 later decisions — most recently June 1958

4 federal appellate ·

2 counsel of record

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1951-11-26

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Robert G. Braden, Wichita, Kan., for appellant.

Lester Luther, U.S. Atty., Topeka, Kan., (Eugene W. Davis, Asst. U.S. Atty., Topeka, Kan., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.

PER CURIAM.

¶1

This is an appeal from an order dismissing a writ of habeas corpus. The application wholly failed to allege that the petitioner had applied for relief under 28 U.S.C.A. § 2255, or that the court which sentenced him had denied him relief under that section, and that the remedy by motion under that section was inadequate or ineffective to test the legality of his detention.

¶2

The order is affirmed.