Legal Opinion
Joseph Oleif Whitley v. Warden William F. Steiner, Maryland House of Correction
Court of Appeals for the Fourth Circuit
Decided July 26, 1961No. 8276PublishedCited by 28 opinions
1Opinion of the Court
SOBELOFF, Chief Judge.
We are in this habeas corpus appeal faced with a problem concerning what has been termed the “abortive state proceeding,” 1 i. e., where a state prisoner, claiming a constitutional infirmity in his trial, has failed to present his claim to the state courts under a procedure which was in the past available, and has now lost the opportunity to get state relief. Does this bar him from obtaining relief by writ of habeas corpus in the federal courts ?
In 1957 Joseph Oleif Whitley was tried for murder in the Circuit Court for Prince George’s County, Maryland. The court, sitting…
2Cases cited33 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Glasser v. United StatesSupreme Court of the United States · 1942
- Brown v. AllenSupreme Court of the United States · 1953
- Michel v. LouisianaSupreme Court of the United States · 1956
- Yakus v. United StatesSupreme Court of the United States · 1944
28 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Fay v. NoiaSupreme Court of the United States · 1963
- Charles Earl Brubaker v. Fred R. Dickson, Warden of the California State Prison at San Quentin, CaliforniaCourt of Appeals for the Ninth Circuit · 1962
- Leonard Hall, Jr. v. Warden, Maryland PenitentiaryCourt of Appeals for the Fourth Circuit · 1963
- Nathan Thomas v. W. K. Cunningham, Jr., Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1963
- Rene Santana v. Peter Fenton, Superintendent, Rahway State Prison and the Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1982
23 more not listed; retrieve them via the Exa API.