Legal Opinion

Miller v. Boles

District Court, N.D. West Virginia

Decided November 23, 1965No. 468-EPublishedCited by 22 opinions

1Opinion of the Court

MAXWELL, Chief Judge.

Jack M. Miller is a prisoner at the West Virginia State Penitentiary, Moundsville, serving a one to ten year sentence for grand larceny. He has petitioned this Court in forma pauperis for a writ of habeas corpus. Miller’s petition states allegations, which, if true, would entitle him to Federal habeas corpus relief. 1

However, for the reasons announced in this memorandum, Miller’s petition is not considered on the merits, but dismissed for failure to exhaust available state remedies as required by 28 U.S.C. § 2254.

In declining to take jurisdiction of the case this Court is…

2Cases cited46 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Jackson v. DennoSupreme Court of the United States · 1964

41 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Bonnie June Hamric v. June R. Bailey, Superintendent of the West Virginia State Prison for WomenCourt of Appeals for the Fourth Circuit · 1967
  2. Shear v. BolesDistrict Court, N.D. West Virginia · 1967
  3. Sheftic v. BolesCourt of Appeals for the Fourth Circuit · 1967
  4. State v. Eddie "Tosh" K.West Virginia Supreme Court · 1995
  5. Bowen v. BolesDistrict Court, N.D. West Virginia · 1966

17 more not listed; retrieve them via the Exa API.

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