John T. O. Beeler v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, Kansas, 332 F.2d 783 (10th Cir. 1964). · Go Syfert
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John T. O. Beeler v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, Kansas, 332 F.2d 783 (10th Cir. 1964). Cases Citing This Book View Copy Cite
25 citation events (17 in the last 25 years) across 8 distinct courts.
Strongest positive: Nunez Lopez, Neyder Enriquez v. Kristi Noem, in her official capacity as Secretary of the Department of Homeland Security; Pamela Bondi, in her official Capacity as Attorney General of the United States; Todd Lyons, in his official capacity as Acting Director and Senior Official Performing Duties of the Director of U.S. Immigration and Customs Enforcement; Joel D. Garcia, in his official capacity as Field Office Director of the El Paso Field Office of U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations; George Dedos, in his official capacity as Warden of the Cibola County Processing Center (nmd, 2026-03-26)
Treatment trajectory · 1965 → 2026 · click a year to view as-of
1965 1995 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) Nunez Lopez, Neyder Enriquez v. Kristi Noem, in her official capacity as Secretary of the Department of Homeland Security; Pamela Bondi, in her official Capacity as Attorney General of the United States; Todd Lyons, in his official capacity as Acting Director and Senior Official Performing Duties of the Director of U.S. Immigration and Customs Enforcement; Joel D. Garcia, in his official capacity as Field Office Director of the El Paso Field Office of U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations; George Dedos, in his official capacity as Warden of the Cibola County Processing Center
D.N.M. · 2026 · confidence medium
Additionally, 28 U.S.C. § 2241 (a) provides federal courts the jurisdiction to grant a writ of habeas corpus to “release from unlawful physical confinement,” Preiser v. Rodriguez, 411 U.S. 475, 485 (1973), a petitioner demonstrating “by a preponderance of the evidence,” Beeler v. Crouse, 332 F.2d 783, 783 (10th Cir. 1964) (per curiam), the existence of one of the five circumstances enumerated in 28 U.S.C. § 2241 (c).
discussed Cited as authority (rule) Javier Serrano-Martinez v. Mary De Anda-Ybarra, Field Office Director the El Paso Field Office of U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations; Kristi Noem, Secretary, U.S. Department of Homeland Security; Pamela Bondi, U.S. Attorney General; Executive Office for Immigration Review; Dora Castro, in her Official Capacity as Warden of Otero County Processing Center
D.N.M. · 2026 · confidence medium
Additionally, 28 U.S.C. § 2241 (a) provides federal courts the jurisdiction to grant a writ of habeas corpus to “release from unlawful physical confinement,” Preiser v. Rodriguez, 411 U.S. 475, 485 (1973), a petitioner demonstrating “by a preponderance of the evidence,” Beeler v. Crouse, 332 F.2d 783, 783 (10th Cir. 1964) (per curiam), the existence of one of the five circumstances enumerated in 28 U.S.C. § 2241 (c).
discussed Cited as authority (rule) Lakshay None v. Dora Castro, Warden of the Otero County Processing Center; Todd Lyons, Acting Director of Immigration and Customs Enforcement; Kristi Noem, Secretary of the U.S. Department of Homeland Security
D.N.M. · 2026 · confidence medium
Additionally, 28 U.S.C. § 2241 (a) provides federal courts the jurisdiction to grant a writ of habeas corpus to “release from unlawful physical confinement,” Preiser v. Rodriguez, 411 U.S. 475, 485 (1973), a petitioner demonstrating “by a preponderance of the evidence,” Beeler v. Crouse, 332 F.2d 783, 783 (10th Cir. 1964) (per curiam), the existence of one of the five circumstances enumerated in 28 U.S.C. § 2241 (c).
discussed Cited as authority (rule) Gagandeep Singh v. Dora Castro, Marisa Flores, and Kristi Noem
D.N.M. · 2026 · confidence medium
Additionally, 28 U.S.C. § 2241 (a) provides federal courts the jurisdiction to grant a writ of habeas corpus to “release from unlawful physical confinement,” Preiser v. Rodriguez, 411 U.S. 475, 485 (1973), a petitioner demonstrating “by a preponderance of the evidence,” Beeler v. Crouse, 332 F.2d 783, 783 (10th Cir. 1964) (per curiam), the existence of one of the five circumstances enumerated in 28 U.S.C. § 2241 (c).
cited Cited as authority (rule) Menzies v. Powell
10th Cir. · 2022 · confidence medium
Beeler v. Crouse, 332 F.2d 783, 783 (10th Cir. 1984) (per curiam).
discussed Cited as authority (rule) Gonzalez Aguilar v. McAleenan
D.N.M. · 2019 · confidence medium
“Habeas corpus is a civil proceeding and the burden is upon the petitioner to show by a preponderance of the evidence that [she] is entitled to relief.” Sa’Ra v. Raemisch, 536 F. App’x 783, 788 (10th Cir. 2013) (quoting Beeler v. Crouse, 332 F.2d 783, 783 (10th Cir. 1964) (per curiam)). 3 III.
cited Cited as authority (rule) United States v. Washington
10th Cir. · 2018 · confidence medium
See Miles v. Dorsey, 61 F.3d 1459, 1472 (10th Cir. 1995); Beeler v. Crouse, 332 F.2d 783, 783 (10th Cir. 1964) (per curiam).
cited Cited as authority (rule) Jackson v. New Mexico Attorney General
10th Cir. · 2013 · confidence medium
Beeler v. Crouse, 332 F.2d 783, 783 (10th Cir.1964) (per curiam).
cited Cited as authority (rule) Jackson v. NM Dep. of Corr. Prob & Parole
10th Cir. · 2013 · confidence medium
Beeler v. Crouse, 332 F.2d 783, 783 (10th Cir. 1964) (per curiam).
discussed Cited "see" Harris v. Oklahoma State of
W.D. Okla. · 2020 · signal: see · confidence high
See Beeler v. Crouse, 332 F.2d 783, 783 (10th Cir. 1964); see also Sa’Ra v. Raemisch, 536 F. App’x 783, 787-88 (10th Cir. 2013) (“Our independent judgment is affected by allocation of the underlying burden of persuasion.
discussed Cited "see" Ali v. Franklin
10th Cir. · 2014 · signal: see · confidence high
See Beeler v. Crouse, 332 F.2d 783, 783 (10th Cir.1964) (“Habeas corpus is a civil proceeding and the burden is upon the petitioner to show by a preponderance of the evidence that he is entitled to relief.”).
discussed Cited "see" Sa'Ra v. Clements
10th Cir. · 2013 · signal: see · confidence high
See Beeler v. Crouse, 332 F.2d 783, 783 (10th Cir.1964) (per curiam)- (“Habeas corpus is a civil proceeding and the burden is upon the petitioner to show by a preponderance of the evidence that he is entitled to relief.” (citation omitted)).
discussed Cited "see, e.g." Vernard Miles, Jr. v. Donald A. Dorsey, Warden Attorney General of the State of New Mexico (2×)
10th Cir. · 1995 · signal: see also · confidence medium
"In a federal habeas proceeding stemming from a state court conviction, the burden is on the petitioner to prove, by a preponderance of the evidence, that he was incompetent in fact at the time of the plea." Bouchillon v. Collins, 907 F.2d 589, 592 (5th Cir.1990); see also Beeler v. Crouse, 332 F.2d 783, 783 (10th Cir.1964) ("Habeas corpus is a civil proceeding and the burden is on the petitioner to show by a preponderance of the evidence that he is entitled to relief.").
Retrieving the full opinion text from the archive…
John T. O. BEELER, Appellant,
v.
Sherman H. CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee
7614.
Court of Appeals for the Tenth Circuit.
Jun 5, 1964.
332 F.2d 783
L. William Schmidt, Jr., Denver, Colo., for appellant., Robert J. Lewis, Jr., Asst. Atty. Gen. of Kansas, Topeka, Kan. (William M. Ferguson, Atty. Gen., and Arthur E. Palmer, Asst. Atty. Gen., Topeka, Kan., on the brief), for appellee.
Murrah, Pickett, Lewis.
Cited by 17 opinions  |  Published
PER CURIAM.

John T. O. Beeler is confined in the Kansas State Penitentiary at Lansing, Kansas, where is he serving a sentence of not less than ten years nor more than twenty-one years for first degree robbery. His petition for a writ of habeas corpus alleged that he is unlawfully held because his plea of guilty upon which he was sentenced was obtained through threats, coercion and physical abuse. This is an appeal from a judgment denying the writ and remanding the prisoner to the custody of the respondent warden.

The petitioner was present at the hearing on the petition and testified that when he was arrested after trying to avoid officers, one of them struck him on the neck with a pistol. He also testified that after being taken to the police headquarters at Kansas City, Kansas he was struck and threatened by officers, including his stepfather, who was a deputy sheriff. There was testimony by other witnesses that when he was later observed his face was swollen. The officers testified that petitioner was not threatened or abused in any manner except by his step-father and that this occurred after the petitioner had admitted his part in a robbery. The officers who were present testified that when the step-father appeared he cursed petitioner and struck him several times about the face with his open hand, and that he was immediately restrained and removed from the room. Beeler admitted that he did not advise his attorney about this alleged abuse when arraigned, nor did he advise the court that his plea of guilty was the result of mistreatment.

Habeas corpus is a civil proceeding and the burden is upon the petitioner to show by a preponderance of the evidence that he is entitled to relief. Teague v. Looney, 10 Cir., 268 F.2d 506, and cases cited.

Findings of the trial court upon conflicting evidence will not be disturbed on appeal unless clearly erroneous. Fed.R.Civ.P. Rule 52(a); Devins v.[*784] Crouse, 10 Cir., 319 F.2d 62; Raisin v. Hunter, 10 Cir., 167 F.2d 742. The evidence presented at the hearing before the trial court sufficiently supports the findings.

Other assignments of error have been considered and found to be without merit.

Affirmed.