Legal Opinion

Lewis Patterson and Terry Chappel v. William D. Leeke and the Attorney General of the State of South Carolina

Court of Appeals for the Fourth Circuit

Decided June 13, 1977No. 76-2000PublishedCited by 25 opinions

1Per curiam

The district court dismissed the habeas corpus petitions of these state prisoners on the ground that the prisoners had failed to exhaust remedies available to them in the South Carolina courts. On appeal petitioners contend that the state remedy said to be available to them, South Carolina’s Uniform Post-Conviction Relief Act, S.C.Code § 17-601, is ineffective to protect their rights, and that therefore the district court erred in requiring exhaustion. Because we agree with the district court that effective relief is available to the petitioners in the South Carolina courts, we affirm.

I

Petitio…

2Cases cited10 opinions

  1. Fay v. NoiaSupreme Court of the United States · 1963
  2. Darr v. BurfordSupreme Court of the United States · 1950
  3. Bowen v. JohnstonSupreme Court of the United States · 1939
  4. Russell Judas Nelson v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1969
  5. White v. StateSupreme Court of South Carolina · 1974

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3Cited by25 opinions

  1. Harris v. ChampionCourt of Appeals for the Tenth Circuit · 1994
  2. Leonard v. HammondCourt of Appeals for the Fourth Circuit · 1986
  3. United States v. Allen Clifton BentonCourt of Appeals for the Fifth Circuit · 1981
  4. Arthur Lee Norris v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1979
  5. Leonard v. HammondCourt of Appeals for the Fourth Circuit · 1986

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