Legal Opinion
Hunt v. Warden, Maryland Penitentiary
Court of Appeals for the Fourth Circuit
Decided August 3, 1964No. Nos. 9238, 9241, 9352PublishedCited by 26 opinions
1Opinion of the Court
SOBELOFF, Chief Judge:
This consolidated appeal by three Maryland prisoners presents serious questions arising out of the nature of federal habeas corpus, particularly the exhaustion doctrine now codified in 28 U.S.C.A. § 2254:
“An application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State, or that there is either an absence of available State corrective process or the existence of circumstances rendering such process…
2Cases cited48 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Mapp v. OhioSupreme Court of the United States · 1961
- Townsend v. SainSupreme Court of the United States · 1963
- Fay v. NoiaSupreme Court of the United States · 1963
- Carnley v. CochranSupreme Court of the United States · 1962
43 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- John Henry Hewett v. State of North Carolina, R. L. Turner, Warden, Central Prison, Jerry Ray Cassada v. State of North CarolinaCourt of Appeals for the Fourth Circuit · 1969
- In re ShippCalifornia Supreme Court · 1965
- United States of America Ex Rel. Theodore Geisler v. Gilbert A. Walters, Superintendent, Western Correctional Institution, Pittsburgh, PennsylvaniaCourt of Appeals for the Third Circuit · 1975
- James William Smith v. State of KansasCourt of Appeals for the Tenth Circuit · 1966
- Loren E. Barry v. Maurice Sigler, Warden, Nebraska Penal and Correctional ComplexCourt of Appeals for the Eighth Circuit · 1967
21 more not listed; retrieve them via the Exa API.