Birney T. Havey v. George A. Kropp, Warden

PECK, Circuit Judge.

The two principal issues presented on this appeal were created by two deaths which occurred in the long history of this case, one while it was being litigated in the Michigan state coui'ts and one during a post-conviction proceeding in the federal courts. We deal with the latter first because it is susceptible of summary disposition; indeed, our treatment of this issue would be even more abbreviated were it not for the earnestness with which appellant has presented it.

Following an exhaustion of remedies in the courts of the State of Michigan, petitioner-appellant sought a…