Legal Opinion
Francis Marion Black v. O. B. Ellis, Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided October 21, 1960No. 18161PublishedCited by 1 opinion
1Opinion of the Court
CAMERON, Circuit Judge.
This appeal tests the legality of an order of the court below denying, from the face of petitioner’s pleading, his application for writ of habeas corpus. The grounds for the denial are thus stated by the court below:
“The record does not show that the petitioner has appealed to the Supreme Court of the United States from the ruling of the Court of Criminal Appeals on February 12, 1959, and, therefore, he has not exhausted his state remedies. See Harrison v. Skeer (Skeen), D.C. W.Va.1954, 125 F.Supp. 547, appeal *315•dismissed [4 Cir.], 226 F.2d 217; Johnson v. Dye,…
2Cases cited5 opinions
- Darr v. BurfordSupreme Court of the United States · 1950
- Black, Jr. v. StateCourt of Criminal Appeals of Texas · 1939
- Oscar A. Harrison v. Orel J. Skeen, Warden, West Virginia State Penitentiary, Moundsville, West VirginiaCourt of Appeals for the Fourth Circuit · 1955
- Harrison v. SkeenDistrict Court, N.D. West Virginia · 1954
- Johnson v. DyeDistrict Court, W.D. Pennsylvania · 1950
3Cited by1 opinion
- Francis Marion Black v. O. B. Ellis, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1960