Beatty v. Kearney

3 Citing cases

  1. United States v. Langley

    438 F.2d 91 (5th Cir. 1970)   Cited 8 times

    The alleged irregularities in a state conviction, which conviction led to the revocation of federal parole, cannot be attacked collaterally by challenging the parole revocation. Peacock v. Hughes, 5 Cir. 1970, 427 F.2d 359; Beatty v. Kearney, 5 Cir. 1966, 357 F.2d 667. The judgment of the district court is Affirmed.

  2. Peacock v. Hughes

    427 F.2d 359 (5th Cir. 1970)   Cited 4 times

    18 U.S.C. § 4205; Garnett v. Blackwell, 5th Cir. 1970, 423 F.2d 1211; Sturgis v. United States, 5th Cir. 1969, 419 F.2d 390; Lynch v. United States, 5th Cir. 1969, 414 F.2d 281. Alleged irregularities in a state conviction, which conviction led to the revocation of federal parole, cannot be raised in an attack on that parole revocation. Beatty v. Kearney, 5th Cir. 1966, 357 F.2d 667. No other issues are raised by this appeal or reached by our decision here.

  3. United States v. Fitzpatrick

    378 F.2d 85 (2d Cir. 1967)   Cited 14 times

    However, Hiatt has not been followed in other circuits nor recently in its own circuit. Beatty v. Kearney, 357 F.2d 667 (5 Cir. 1966). While the Board is an indispensable party where a prisoner seeks a declaratory judgment against it (Hyser v. Reed, 115 U.S.App.D.C. 254, 318 F.2d 225 (en banc), cert. denied sub nom. Thompson v. United States Board of Parole, 375 U.S. 957, 84 S.Ct. 446, 11 L.Ed.2d 315 (1963)) or where he claims that he was not accorded the hearing which the statute requires (United States ex rel. Nicholson v. Dillard, 102 F.2d 94 (4 Cir. 1939)), the Board is not an indispensable party in a habeas corpus proceeding where the Attorney General who is expressly granted custody of the parollee (18 U.S.C.A. § 4203) has entered an appearance.