Legal Opinion

Hyde v. Pitchess

District Court, C.D. California

Decided February 14, 1969No. Civ. No. 68-2021Published

1Opinion of the Court

HAUK, District Judge.

Petitioner, a California state prisoner in custody prior to his trial on a charge of robbery, here seeks a writ of habeas corpus on various grounds. This Court must deny this petition. Title 28 United States Code § 2254 expressly requires exhaustion of all State remedies before petitioning the Federal Courts for a writ of habeas corpus unless:

“* * * there is either an absence of available State corrective process or the existence of circumstances rendering such process ineffective to protect the rights of the prisoner.”

Neither of these exceptions to the general rule is…

2Cases cited1 opinion

  1. Larry Lee Christiansen v. Joseph C. O'connor, Sheriff of San Diego County, State of CaliforniaCourt of Appeals for the Ninth Circuit · 1967

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