Legal Opinion
George Charles Imhoff v. Sheriff Clarence Jones, Dallas County, Texas
Court of Appeals for the Fifth Circuit
Decided January 14, 1972No. 71-1785PublishedCited by 2 opinions
1Per curiam
The order of the district court denying the appellant’s petition for habeas corpus without prejudice to his right to reapply after he has exhausted his state remedies is affirmed.
As a matter of comity, federal courts should not determine the legality of a state prisoner’s detention, unless his state courts have first been given the opportunity to consider the case. Therefore, the appellant’s allegations of constitutional deprivations will not be entertained in a federal forum until they have been presented to the courts of the State of Texas, either upon the appellant’s direct criminal…
2Cases cited4 opinions
- The State of Texas and Dr. George J. Beto, Director, Texas Department of Corrections v. Melvin Alexander PaytonCourt of Appeals for the Fifth Circuit · 1968
- Leroy Williams v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1971
- Walter Thomas, Jr. v. James E. Decker, Sheriff, Dallas County, TexasCourt of Appeals for the Fifth Circuit · 1970
- Don Henry Weaver v. State of Texas, No. 31145 Summary Calendar. Rule 18, 5th Cir. See Isbell Enterprises, Inc v. Citizens Casualty Co. Of New York, 5th Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1971
3Cited by2 opinions
- Howard J. St. Jules v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1972
- Joe Cephas Singleton v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1974