Legal Opinion
Powell v. Keve
District Court, D. Delaware
Decided January 27, 1976No. Civ. A. 75-60PublishedCited by 2 opinions
1Opinion of the Court
OPINION
MURRAY M. SCHWARTZ, District Judge.
Relators Gary and Irene Powell are before the Court seeking a writ of habeas corpus and have alleged three constitutional grounds to support their petition. Respondents have moved to dismiss the Powells’ petition, arguing that petitioners have failed to exhaust their state remedies as required under 28 U.S.C. § 2254. The basic facts are not in dispute and can be briefly summarized prior to resolution of respondents’ motion.
The Powells were arraigned on January 23, 1974 in Delaware Superior Court on felony charges of delivery of marijuana under 16…
2Cases cited31 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Rizzo v. GoodeSupreme Court of the United States · 1976
- Picard v. ConnorSupreme Court of the United States · 1971
- Townsend v. SainSupreme Court of the United States · 1963
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3Cited by2 opinions
- McCollum v. SullivanDistrict Court, D. Delaware · 1981
- Parker v. SolemDistrict Court, D. South Dakota · 1978