James v. Copinger

CRAVEN, Circuit Judge:

These four cases were consolidated for appeal because they present a common question of law. Each petitioner contends, inter alia, that he was denied due process under the fourteenth amendment because his statutory right to appeal was *237effectively denied. It is each petitioner’s contention that he was unfairly deterred from prosecuting an appeal by fear of receiving increased punishment if successful in obtaining a new trial. We think as a matter of comity this question should first be presented to the respective state courts and remand these cases to the district courts…