Blackwell

Blackwell v. Edwards

Good Law
303 F.2d 103·1962 U.S. App. LEXIS 5170
United States Court of Appeals for the Ninth CircuitMay 9, 1962Nos. 17535, 17536California1,927 words

Opinion

Lead Opinion

Duniway, J.

These cases, although not consolidated, were considered and decided together by the trial court, and we do likewise. Each is an appeal from an order granting a writ of habeas corpus. In our view, each order was correct.

When his petition was filed, Edwards was in the United States Penitentiary at Alcatraz, serving three consecutive sentences imposed by Army Courts-martial, totalling 11 years and 8 months. These sentences were imposed after the effective date of the Uniform Code of Military Justice, May 31, 1951. The full term of these sentences was to expire on April 13, 1963. According to appellant’s computations of “good time”, after deducting “good time” forfeited, Edwards’ release date was October 9, 1961. According to Edwards’ computations, his release date was May 9, 1961. His petition was filed on June 7, 1961.

Ragan, too, was in Alcatraz when his petition was filed. He was an Air Force private, serving a ten-year sentence imposed by an Air Force general court-martial. This sentence was likewise imposed after the effective date of the Uniform Code of Military Justice. The full term of this sentence was to expire on November 27, 1962. According to appellant’s computations…

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