[Download] "Jackson v. Alabama" by United States Court of Appeals for the Fifth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Jackson v. Alabama
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 30, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
SIMPSON, Circuit Judge: Appellants, Arthur Jackson, Jr. and Jasper Lee (""Tiny"") Cooks, appeal from the denial by two separate Alabama federal district courts of their respective petitions for writs of habeas corpus. The only issue presented by Jackson and one of two issues presented by Cooks is whether an indigent Alabama state prisoner unable to make bond due to indigency and who is sentenced to less than the statutory maximum sentence for his offense is entitled to credit on his sentence for the period of pre-trial or pre-sentence detention. Cooks makes an additional contention: that he is entitled to credit against his sentence for the time he spent in custody pending direct appeal of his conviction, because of asserted unconstitutionality of the Alabama statutory scheme,1 which automatically suspends the execution of sentence pending appeal unless the appellant elects otherwise. We affirm the denials of both petitions for habeas corpus on the authority of binding prior decisions of this court. See United States v. Automobile Club Ins. Co., 5 Cir. 1975, 522 F.2d 1; Linebery v. United States, 5 Cir. 1975, 512 F.2d 510.