Legal Opinion
Harvey v. State of South Carolina
District Court, D. South Carolina
Decided March 12, 1970No. Civ. A. 70-90, 70-91PublishedCited by 5 opinions
1Opinion of the Court
ORDER
HEMPHILL, District Judge.
Petitioners seek to avoid exhaustion of state remedies as required by 28 U.S.C. § 2254 1 by an attack on the South Carolina “Post Conviction Relief Act” 2 as unconstitutional. Each and both admit they have not pursued post-conviction remedies at a state level and have filed for relief in this forum. They insist that the South Carolina procedure denies them those privileges assured by habeas corpus proceedings. They are misinformed and in error.
This court is reminded that post-conviction remedies, such as habeas corpus, coram nobis (where applied to judgments in…
2Cases cited20 opinions
- Darr v. BurfordSupreme Court of the United States · 1950
- Bowen v. JohnstonSupreme Court of the United States · 1939
- Ex Parte YergerSupreme Court of the United States · 1869
- Billings v. TruesdellSupreme Court of the United States · 1944
- James William Smith v. State of KansasCourt of Appeals for the Tenth Circuit · 1966
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3Cited by5 opinions
- Wiglesworth v. WyrickSupreme Court of Missouri · 1976
- Baskins v. MooreDistrict Court, D. South Carolina · 1973
- Finklea v. StateSupreme Court of South Carolina · 1979
- Allen v. LeekeDistrict Court, D. South Carolina · 1971
- Wiglesworth v. WyrickSupreme Court of Missouri · 1976