Legal Opinion

Smith v. Wyrick

District Court, W.D. Missouri

Decided March 3, 1983No. 82-0916-CV-W-1-R, 82-0476-CV-W-1 and 82-0903-CV-W-1PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDERS DIRECTING FURTHER PROCEEDINGS

JOHN W. OLIVER, Senior District Judge.

I

On December 17, 1982 we entered orders directing further proceedings in both of the above entitled cases. Both cases are related for the reason that both State prisoners, acting upon the advice of a fellow inmate at the Missouri Penitentiary, have attempted to obtain an immediate hearing of all federal claims alleged in their respective applications for federal habeas corpus relief on the dual theory that each exhausted all available State postconviction remedies by filing motions to recall…

2Cases cited44 opinions

  1. Picard v. ConnorSupreme Court of the United States · 1971
  2. Townsend v. SainSupreme Court of the United States · 1963
  3. Fay v. NoiaSupreme Court of the United States · 1963
  4. Sanders v. United StatesSupreme Court of the United States · 1963
  5. Ex Parte RoyallSupreme Court of the United States · 1886

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3Cited by6 opinions

  1. Gregory v. WyrickDistrict Court, W.D. Missouri · 1983
  2. Johnson v. LumpkinDistrict Court, S.D. California · 1987
  3. Smith v. WyrickDistrict Court, W.D. Missouri · 1983
  4. Harvey v. United StatesDistrict Court, W.D. Missouri · 1985
  5. Manis v. WyrickDistrict Court, W.D. Missouri · 1984

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