Legal Opinion · Dissent

Charlie H. Scarbrough v. A. L. Dutton, Warden, Georgia State Prison, Reidsville, Georgia

Court of Appeals for the Fifth Circuit

Decided April 18, 1968No. 24740Published

1DissentFahy, Circuit Judge

Due to Georgia statutory developments since the decision of the District Court I would vacate its order and remand the case for dismissal of the application for the writ with leave to appellant to resort to the present habeas corpus procedures of the State of Georgia which became effective during the pendency of this appeal. The decision of federal questions, if any, which thereafter might arise, would await the result. The Georgia procedures referred to became effective July 1, 1967, through the Ha-beas Corpus Act of 1967, Ga.Code Ann. § 50-101 et seq. (Supp.1967). See Appendix to McGarrah…

2Cases cited11 opinions

  1. Irvin v. DowdSupreme Court of the United States · 1961
  2. Reck v. PateSupreme Court of the United States · 1961
  3. Blake v. StateCourt of Appeals of Georgia · 1964
  4. Manor v. StateSupreme Court of Georgia · 1966
  5. L. C. McGarrah v. A. L. Dutton, Warden, Georgia State Prison, Reidsville, GeorgiaCourt of Appeals for the Fifth Circuit · 1967

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