Legal Opinion
Smith v. Hixon
District Court, S.D. Alabama
Decided February 25, 1957No. Civ. A. 1619PublishedCited by 8 opinions
1Opinion of the Court
THOMAS, District Judge.
This is petitioner’s fourth attempt to obtain a hearing in the United States District Court for the Southern District of Alabama under 28 U.S.C.A. § 2254. 1 The cause is presently before the court on motion of respondent S. W. Hixon, Warden, and the State of Alabama to dismiss the current petition as amended for failure of petitioner to exhaust his state court remedies. The motion to dismiss was filed in response to the court’s order to show cause why the writ should not be issued.
An examination of the authorities persuades me that, under the doctrine of Brown v. Allen,…
2Cases cited16 opinions
- Brown v. AllenSupreme Court of the United States · 1953
- Darr v. BurfordSupreme Court of the United States · 1950
- Frisbie v. CollinsSupreme Court of the United States · 1952
- Sunal v. LargeSupreme Court of the United States · 1947
- Sunal v. LargeSupreme Court of the United States · 1947
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Summers v. StateCourt of Criminal Appeals of Alabama · 1978
- Goodman v. StateCourt of Criminal Appeals of Alabama · 1980
- Groce v. StateCourt of Criminal Appeals of Alabama · 1972
- Harris v. StateCourt of Criminal Appeals of Alabama · 1978
- Tillis v. StateCourt of Criminal Appeals of Alabama · 1977
3 more not listed; retrieve them via the Exa API.