Legal Opinion
United States of America Ex Rel. Rudolph E. Boyance v. David N. Myers, Superintendent of Graterford Correctional Institute
Court of Appeals for the Third Circuit
Decided February 3, 1967No. 15553PublishedCited by 33 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
This is an appeal by a state prisoner from the district court’s dismissal of his petition for habeas corpus on the ground that he had failed to exhaust state remedies.
An earlier habeas corpus petition, filed in 1964, challenged this prisoner’s conviction as unconstitutional, both because evidence obtained by illegal search and seizure had been used against him and because his right to counsel had been abridged. The district court dismissed the petition on the ground that the petitioner had not exhausted his state remedy on the claim of denial of counsel.
Rather than…
3Cases cited2 opinions
- Petition of Joseph Ernst for a Writ of Habeas CorpusCourt of Appeals for the Third Circuit · 1961
- James F. Torrance v. Joseph Salzinger, Warden of the Dauphin County Prison, and Wesley M. Barrick, Sheriff of Dauphin County, PennsylvaniaCourt of Appeals for the Third Circuit · 1962
4Cited by33 opinions
- Michael J. Paprskar v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1980
- Steven J. Nowaczyk v. Warden, New Hampshire State PrisonCourt of Appeals for the First Circuit · 2002
- Linver Jenkins v. Preston L. Fitzberger, WardenCourt of Appeals for the Fourth Circuit · 1971
- United States of America Ex Rel. Thomas Trantino v. Robert Hatrack, Superintendent, New Jersey State Prison at RahwayCourt of Appeals for the Third Circuit · 1977
- United States of America Ex Rel. Rudolph Boyance v. David N. Myers, SuperintendentCourt of Appeals for the Third Circuit · 1968
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