Legal Opinion
Prado McGee Jr. v. W.J. Estelle, Jr., Director, Texas Department of Corrections, Respondent
Court of Appeals for the Fifth Circuit
Decided January 16, 1984No. 81-1498PublishedCited by 88 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
The federal habeas corpus statute provides that an “application in behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State....” 28 U.S.C. § 2254(b). We reheard this case en banc to consider whether the state may waive this statutory requirement and, if so, whether the state’s attorney general has the power to act on behalf of the state. In addition, we consider whether a state’s contention that the applicant failed to present…
2Cases cited64 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Wainwright v. SykesSupreme Court of the United States · 1977
- Rose v. LundySupreme Court of the United States · 1982
- Picard v. ConnorSupreme Court of the United States · 1971
59 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Granberry v. GreerSupreme Court of the United States · 1987
- Johnny Dickerson v. State of LouisianaCourt of Appeals for the Fifth Circuit · 1987
- United States v. MirandaCourt of Appeals for the Fifth Circuit · 2001
- Gary Graham, Now Known as Shaka Sankofa v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
- Woodfox v. FotiCourt of Appeals for the Fifth Circuit · 2010
83 more not listed; retrieve them via the Exa API.