Legal Opinion
Curtis Terrell v. E. P. Perini, Supt. Marion Correctional Inst.
Court of Appeals for the Sixth Circuit
Decided August 4, 1969No. 19026Published
1Opinion
ON PETITION FOR REHEARING
CECIL, Senior Circuit Judge.
This cause is on petition for rehearing of our decision of July 2, 1969, remanding the case to the district court to conduct an evidentiary hearing on the basis that the appellant had exhausted his state remedies.
Appellant’s motion to the Ohio Ninth District Court of Appeals for leave to appeal under Ohio Revised Code Section 2953.05 was denied on November 29, 1967. He did not appeal this denial by the court of appeals to the Supreme Court of Ohio.
Counsel for appellee argue that there is still open to the appellant the remedy of a delayed…
2Cases cited9 opinions
- Fay v. NoiaSupreme Court of the United States · 1963
- Warden, Maryland Penitentiary v. HaydenSupreme Court of the United States · 1967
- Anderson v. NelsonSupreme Court of the United States · 1968
- Lonnie Mitchell v. Dan D. Stephens, Superintendent of Arkansas State PenitentiaryCourt of Appeals for the Eighth Circuit · 1965
- William M. Wilson v. K. B. Bailey, Warden, Central Prison, Raleigh, N. C.Court of Appeals for the Fourth Circuit · 1967
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