Cranston Carr, Alias Crant Carr v. C. M. Simpson, Warden, Kilby Prison, Montgomery, Alabama

When a state prisoner has not ex hausted his state court remedies, a federal district court should not grant him a writ of habeas corpus. 28 U.S.C. 2254. It may, however, hold the application in abeyance, while affording the applicant a reasonable opportunity to exhaust his state court remedies. 1 That course is sometimes preferable to a dismissal of the application. 2 In the case sub judice, the district court dismissed the application on the sole ground that Carr had not exhausted his state court remedies. 3

While appealing from the district court’s judgment of dismissal, Carr at the same…