Legal Opinion
Kevin Dale McQuown v. D.J. McCartney Warden
Court of Appeals for the Ninth Circuit
Decided July 28, 1986No. 84-6289PublishedCited by 44 opinions
1Per curiam
Kevin McQuown, a California prisoner, appeals the dismissal of his petition for a writ of habeas corpus for failure to exhaust state remedies. He claims that he exhausted his state remedies by filing with the California Supreme Court a petition for hearing following a California court of appeal’s denial of his petition for a writ of habeas corpus. The district court accepted the state’s argument that until McQuown petitions the Supreme Court directly for a writ of habeas corpus, he has not exhausted his state remedies as required by Rose v. Lundy, 455 U.S. 509, 518-522, 102 S.Ct. 1198,…
2Cases cited7 opinions
- Rose v. LundySupreme Court of the United States · 1982
- People v. FosselmanCalifornia Supreme Court · 1983
- In Re SwainCalifornia Supreme Court · 1949
- Ozzie Batchelor v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary, James Redden, Solicitor General, Walter L. BarrCourt of Appeals for the Ninth Circuit · 1982
- Sweet v. CuppCourt of Appeals for the Ninth Circuit · 1981
2 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Michael Ponce Tacho v. Joe MartinezCourt of Appeals for the Ninth Circuit · 1988
- John Kim v. C.J. VillalobosCourt of Appeals for the Ninth Circuit · 1986
- Jerome Powell v. John LambertCourt of Appeals for the Ninth Circuit · 2004
- Gregory B. La Rue v. Daniel J. McCarthyCourt of Appeals for the Ninth Circuit · 1987
- Danny Lewis v. Robert G. BorgCourt of Appeals for the Ninth Circuit · 1989
39 more not listed; retrieve them via the Exa API.