Britt v. Tollett

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

This Court abstained from a consideration of the federal constitutional issue, in violation of which the petitioner claims he is incarcerated by the respondent, and dismissed his application for the federal writ of habeas corpus, subject to its revival, should Tennessee courts reflect *402an unwillingness to accord the petitioner his rights in an expeditious manner. The gravaman of such abstention and denial was that Tennessee courts had not then been accorded the opportunity to rule upon Mr. Britt’s claim in the light of North Carolina v. Pearce…