Legal Opinion
Basil H. Rutter v. W. H. Wright, Assistant Deputy Warden, Etc.
Court of Appeals for the Sixth Circuit
Decided March 31, 1971No. 20245_1PublishedCited by 2 opinions
1Opinion of the Court
PHILLIPS, Chief Judge.
The question presented on this appeal is whether under the averments of the petition in this habeas corpus case Rut-ter, the petitioner, must exhaust his remedies under the Tennessee Post-Conviction Procedure ■ Act of 1967 before seeking federal habeas corpus relief. The District Court held that State remedies first must be exhausted. We affirm this part of the decision of the District Court.
The Tennessee Post-Conviction Procedure Act was enacted in 1967 and is codified at T.C.A. §§ 40-3801 to 3824. It should not be confused with the earlier Tennessee statute governing…
2Cases cited7 opinions
- Peyton v. RoweSupreme Court of the United States · 1968
- Ussery v. AveryTennessee Supreme Court · 1968
- William H. Haggard v. State of Tennessee and Honorable Joseph D. Duncan, Judge, Knox County Criminal Court, Knoxville, TennesseeCourt of Appeals for the Sixth Circuit · 1970
- Wilson Wooten v. Lynn Bomar, WardenCourt of Appeals for the Sixth Circuit · 1959
- Porter v. StateCourt of Criminal Appeals of Tennessee · 1970
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3Cited by2 opinions
- Archer v. StateTennessee Supreme Court · 1993
- Howard Lee White v. State of TennesseeCourt of Appeals for the Sixth Circuit · 1971