Joseph L. Dyer v. Lawrence E. Wilson

Ninth Circuit Court of Appeals

July 22, 1966.

Ninth Circuit Court of Appeals · decided 1966-07-22

2 counsel of record

Relies on McNally v. Hill

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1966-07-22

How this case has been cited

Cited by 58 later decisions — most recently May 1996 · most notably Pierce v. United States (1969), United States v. Alston (1990)

49 federal appellate · 1 district · 3 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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Joseph L. Dyer, Tamal, Cal., in pro. per.

Thomas C. Lynch, Atty. Gen., Robert R. Granucci, Michael J. Phelan, Deputy Attys. Gen., San Francisco, Cal., for appellee.

Before KOELSCH and ELY, Circuit Judges, and FOLEY, District Judge.

PER CURIAM.

¶1

Appellant, a California state prisoner, seeks his release from custody by writ of habeas corpus. The district court denied him relief. We affirm.

¶2

By his petition appellant attacks the legality of his conviction by the Superior Court of the State of California on April 12, 1962, of the crimes of kidnapping, rape and robbery. However, he is presently serving sentences previously imposed by said court as punishment for several other crimes. His petition is premature. McNally v. Hill, 293 U.S. 131, 55 S.Ct. 24, 79 L.Ed. 238 (1932).