Herbert D. Hill and Selma Jo McIntosh v. Warden Ray H. Page and the State of Oklahoma

I agree with the majority opinion in the affirmance of the judgment with respect to appellant McIntosh for lack of exhaustion of State remedies, but respectfully dissent from the disposition as to appellant Hill.

Appellant Hill’s petition alleges that petitioners were represented by inadequate and ineffective counsel; that the attorney failed to file a brief and made no request for oral argument; and that they were therefore denied due process and equal protection. The opinion of the Oklahoma Court of Criminal Appeals reflects that no brief was filed and that no extension of time therefor was…