Carl L. Finan v. Sherman H. Crouse

Petitioner sought a writ of habeas corpus in the federal district court of Kansas on the sole grounds that ninety days had elapsed since filing in the Kansas state court his Motion to Vacate Sentence and Judgment, and the state court had neither heard nor docketed the motion, thus depriving him of due process of law. This appeal is from an order of the lower court denying the writ on the grounds that state remedies had not been exhausted nor shown unavailable or ineffective to vouchsafe his rights.

Petitioner, represented by appointed counsel, was convicted on a guilty plea to nine counts of…