Frank A. Tanksley v. Warden State Penitentiary of the State of Colorado

The United States District Court for the District of Colorado dismissed a petition for habeas relief brought by Tanksley pursuant to Title 28 U.S.C. § 2254, because all adequate and effective state remedies had not been exhausted.

Tanksley was convicted of aggravated robbery in the Denver District Court in May of 1967 and thereafter he sought a writ of error to the Colorado Supreme Court. While the writ of error was pending in December, 1968, he filed a post-conviction motion under 35(b) Colo. R.Crim.Pro. based upon newly discovered evidence which the record indicates was available within one…