Thomas J. Bullock, III v. State of Mississippi, Joe Patterson, Attorney Gen., State Bd. of Parole, United States of Am., 404 F.2d 75 (5th Cir. 1968). · Go Syfert
Search
Thomas J. Bullock, III v. State of Mississippi, Joe Patterson, Attorney Gen., State Bd. of Parole, United States of Am., 404 F.2d 75 (5th Cir. 1968). Cases Citing This Book View Copy Cite
33 citation events (2 in the last 25 years) across 16 distinct courts.
Strongest positive: United States v. McKeever (dcd, 2019-10-21)
Treatment trajectory · 1969 → 2026 · click a year to view as-of
1969 1997 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. McKeever
D.D.C. · 2019 · confidence medium
The Circuit Court for the District of Columbia Circuit dismissed the appeal as frivolous, finding that “a prisoner has no cause of action ‘to contest the agreement between [two] sovereigns as to the order of prosecution and execution of sentences.’” Williams-El, 712 F.2d at 686 (quoting Bullock v. State of Mississippi, 404 F.2d 75, 76 (5th Cir. 1968)).
cited Cited as authority (rule) United States v. Henry James Wright, A/K/A Shawn Denvers, United States of America v. Henry James Wright, A/K/A Shawn Denvers
4th Cir. · 1995 · confidence medium
See Ponzi v. Fessenden, 258 U.S. 254, 260 (1922); Bullock v. Mississippi, 404 F.2d 75, 75-76 (5th Cir.1968); Gunton v. Squier, 185 F.2d 470, 471 (9th Cir.1950).
discussed Cited as authority (rule) Millard v. Roach (2×) also: Cited "see"
D.C. · 1993 · confidence medium
Causey v. Civiletti, 621 F.2d 691, 694 (5th Cir.1980); Bullock, supra note 12, 404 F.2d at 75-76.
discussed Cited as authority (rule) United States v. Mattie Louise Avery
6th Cir. · 1990 · confidence medium
Bullock v. State of Mississippi, 404 F.2d 75, 76 (5th Cir.1968); Zerbst v. McPike, 97 F.2d 253, 254 (5th Cir.1938). 35 In the present case, the defendant was "loaned" temporarily by the state, who first had jurisdiction over the defendant, to the federal government for criminal proceedings--first for the entry of the plea bargain on November 29, 1988, and then for sentencing on January 26, 1989.
discussed Cited as authority (rule) Cole v. State
Iowa · 1985 · confidence medium
See also Williams v. Department of Corrections, 438 F.2d 78, 79 (9th Cir.1971) (per curiam); Bullock v. State, 404 F.2d 75, 76 (5th Cir.1968) (per curiam); Simmons v. Leach, 626 P.2d 164, 166 (Colo.1981); State v. Parsells, 124 N.J.Super. 144, 148-49 , 305 A.2d 88, 90 (N.J.Super.Ct.App.Div.1973); Helm v. Jago, 50 Ohio St.2d 168, 169 , 363 N.E.2d 1196, 1196 (1977) (per curiam); Guerrieri v. Maxwell, 174 Ohio St. 40 , 44, 186 N.E.2d 614 , 617 (1962) (per curiam); State ex rel.
discussed Cited as authority (rule) Roger L. Williams-El v. Norman A. Carlson, Director, Federal Bureau of Prisons
D.C. Cir. · 1983 · confidence medium
A prisoner has no cause of action “to contest the agreement between [two] sovereigns as to the order of prosecution and execution of sentences.” Bullock v. State of Mississippi, 404 F.2d 75, 76 (5th Cir.1968); see also Jacobs v. Crouse, 349 F.2d 857, 858 (10th Cir.1965).
discussed Cited "see" United States ex rel. Brown v. Malcolm
E.D.N.Y · 1972 · signal: see · confidence high
See Bullock v. Mississippi, 404 F.2d 75 (5 Cir. 1968); McDonald v. United States, 403 F.2d 37 (5 Cir. 1968); Derengowski v. U. S. Marshal, 377 F.2d 223 (8 Cir.), cert. denied 389 U.S. 884 , 88 S.Ct. 144 , 19 L.Ed.2d 180 (1967); Opheim v. Willingham, 364 F.2d 989 (10 Cir. 1906); Hall v. Looney, 256 F.2d 59 (10 Cir. 1958); United States ex rel.
cited Cited "see" Deckard v. Chairman of the State Division of Parole
Mo. · 1971 · signal: see · confidence high
See Bullock v. Mississippi, 5th Cir., 404 F.2d 75 and cases cited and also citations in Brown v. State, Mo., 452 S.W.2d 176 .
cited Cited "see, e.g." Otis Leroy Thompson v. R.E. Lee, Attorney General of North Carolina
4th Cir. · 1991 · signal: see also · confidence low
Sec. 15A-733; see also Bullock v. Mississippi, 404 F.2d 75 (5th Cir.1968). 4 Accordingly we deny a certificate of probable cause and dismiss the appeal.
Retrieving the full opinion text from the archive…
Thomas J. BULLOCK, III, Plaintiff-Appellant,
v.
STATE OF MISSISSIPPI, Joe Patterson, Attorney General, State Board of Parole, Defendants-Appellees, United States of America, Respondent-Appellee
26389.
Court of Appeals for the Fifth Circuit.
Dec 2, 1968.
404 F.2d 75
1968 U.S. App. LEXIS 4670
Thomas J. Bullock, III, pro se., Joe T. Patterson, Atty. Gen., Guy N. Rogers, Asst. Atty. Gen., Robert E. Hau-berg, U. S. Atty., Jackson, Miss., H. M. Ray, U. S. Atty., J. Murray Akers, Asst. U. S. Atty., Oxford, Miss., for respondent.
Thornberry, Dyer, Simpson.
Cited by 30 opinions  |  Published
PER CURIAM:

This appeal is from a district court order denying the petition of a Mississippi convict for release from a state detainer. We affirm.

Appellant, currently serving a sentence in federal prison for a Dyer Act violation, 18 U.S.C. § 2312, challenges the right of state authorities to regain custody of him upon expiration of the current sentence. At a time when he was under arrest by state officers for car theft and parole violation, he was transferred to federal custody, convicted in federal court, and sentenced to his present term. The State of Mississippi has placed a detainer on him to regain custody upon his release from federal prison. Appellant contends that Mississippi has waived its right to him by handing him over to federal authorities. There is no merit to this contention.

It is well established that where state authorities surrender a prisoner to the federal authorities for trial, sentence, and execution of sentence be[*76] fore he is to be returned to state custody, the prisoner has no standing to contest the agreement between the sovereigns as to the order of prosecution and execution of sentences; that is, he may not challenge either his original removal from state custody, or his return thereto after the completion of his federal sentence. See Derengowski v. U. S. Marshal, 8th Cir. 1967, 377 F.2d 223; Hall v. Looney, 10th Cir. 1958, 256 F.2d 59; United States ex rel. Moses v. Kipp, 7th Cir. 1956, 232 F.2d 147; Gunton v. Squier, 9th Cir. 1950, 185 F.2d 470; United States ex rel. Lombardo v. McDonnell, 7th Cir. 1946, 153 F.2d 919; Stamphill v. Johnston, 9th Cir. 1943, 136 F.2d 291, cert. denied, 320 U.S. 766, 64 S.Ct. 70, 88 L.Ed. 457. The State, by giving temporary custody to the federal authorities does so without a complete surrender of its prior jurisdiction over him. Hayward v. Looney, 10th Cir. 1957, 246 F.2d 56; Zerbst v. McPike, 5th Cir. 1938, 97 F.2d 253.

Affirmed.