Scott v. Henslee

LEMLEY, District Judge.

This cause comes on for hearing upon respondent’s return to an order to show cause why a writ of habeas corpus should not issue in accordance with the prayer of petitioner’s application. In said return respondent challenges our jurisdiction on the ground that petitioner has not exhausted his state remedies, and this question has been submitted on the pleadings, documentary evidence, a stipulation of counsel entered into in open court, oral argument, and written briefs. We have concluded the respondent’s position is well taken, and that the proceedings should be…