Charles Butler v. John T. King, Secretary of Louisiana Department of Corrections and William J. Guste, Jr., Attorney General, State of Louisiana

JOHN R. BROWN, Circuit Judge:

The question presented to us is whether a state court loses jurisdiction to try a felony indictment during the time that the case is before the federal court on a civil rights removal petition that is later determined to be without merit. The question arises in the context of William Butler's appeal from the dismissal of his petition for a writ of habeas corpus. The District Court judge dismissed the petition on the grounds that Butler’s attempted removal of his case to federal court was not filed within a reasonable time before the commencement of his trial in…