Motes v. Leeke

ORDER

BLATT, District Judge.

Petitioner, a state prisoner, filed this action under 28 U.S.C. § 2254 seeking a writ of habeas corpus. Petitioner was convicted of murder and this conviction was affirmed by the South Carolina Supreme Court, State v. Motes, 264 S.C. 317, 215 S.E.2d 190 (1975); he then filed an application for post-conviction relief in the state court, which application was voluntarily dismissed. While 28 U.S.C. § 2254(b) requires the exhaustion of state post-conviction relief remedies, this rule does not apply when resort to them would be ineffective to protect constitutional…