Darr v. Burford

The order discharging the writ was filed in the lower court on April 22, 1948. At that -time, it was regarded as settled law that “Ordinarily an application for habeas corpus by one detained under a state court judgment of conviction for crime will be entertained by a federal court only after all state remedies available, including all appellate remedies in the state courts and in” the Supreme Court of the United States “by appeal or writ of certiorari, have been exhausted.”1 In other words, certiorari to the Supreme Court of the United States was regarded as a part of the state remedy for…