Legal Opinion
Rikard v. South Carolina State Hospital
District Court, W.D. South Carolina
Decided March 15, 1962No. Civ. No. 4040PublishedCited by 1 opinion
1Opinion of the Court
WYCHE, Chief Judge.
In this case the plaintiff applies for a writ of habeas corpus for the purpose of obtaining her release from the South Carolina State Hospital, located in the Eastern District of South Carolina, upon the grounds stated in her complaint.
A person restrained of her liberty by state process cannot maintain habeas corpus action in a federal district court to determine whether such restraint constitutes a violation of the provisions of the United States Constitution, and Amendments thereto, without first having exhausted every remedy available to her in the state courts. Davis v.…
2Cases cited7 opinions
- United States v. HaymanSupreme Court of the United States · 1952
- Ahrens v. ClarkSupreme Court of the United States · 1948
- United States of America Ex Rel. Oliver S. Smith v. J. Vernal Jackson, Warden of Clinton PrisonCourt of Appeals for the Second Circuit · 1956
- Martin v. United StatesCourt of Appeals for the Fourth Circuit · 1948
- United States v. MartinDistrict Court, W.D. South Carolina · 1948
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3Cited by1 opinion
- Threatt v. State of North CarolinaDistrict Court, W.D. North Carolina · 1963