Legal Opinion
Tooten v. Shevin
Court of Appeals for the Fifth Circuit
Decided April 25, 1974No. 73-3816PublishedCited by 25 opinions
1Opinion of the Court
GEWIN, Circuit Judge:
Today we must decide whether a pretrial application for a writ of prohibition addressed to a state supreme court satisfies the exhaustion requirement which is a prerequisite before seeking *175federal habeas corpus relief.1 In recognition of the value of the underlying policies which buttress the exhaustion rule, requiring an initial presentation of ha-beas corpus claims to the state court system, we hold that it does not.
Beatrice Tooten, a non-physician, is charged under the Florida abortion statute2 with performing an illegal abortion in an unapproved facility. In response…
2Cases cited13 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Roe v. WadeSupreme Court of the United States · 1973
- Fay v. NoiaSupreme Court of the United States · 1963
- Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
- Doe v. BoltonSupreme Court of the United States · 1973
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Jody Parks Brown v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1976
- Neville v. CavanaghCourt of Appeals for the Seventh Circuit · 1979
- Albert H. Carter v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1982
- Ronnie Escobedo v. W. J. Estelle, Jr.Court of Appeals for the Fifth Circuit · 1981
- George Braddock Ogle, II v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1979
20 more not listed; retrieve them via the Exa API.