| United States. Supreme Court - Courts - 1948 - 1084 pages
...courts fall into class one. In Ex parte Hawk, supra, we stated the principle which governs these cases: "Ordinarily an application for habeas corpus by one...detained under a state court judgment of conviction *> In re Neagle, 135 US 1; Hunter \. Wood, 209 US 205 (impairment of the functions of the federal courts);... | |
| Robert L. Stern, Eugene Gressman - Appellate procedure - 1954 - 610 pages
...commitment, recourse should be had to whatever judicial remedy afforded by the State may still remain open."4 A like result was reached in Ex parte Hawk, 321 US...See also White v. Ragen, 324 US 760, 764; Darr v. Burford, 339 US 200.8 This 4See also Ex parte Botwinski, 314 US 586 (failure to apply to state court... | |
| Cary Federman - Social Science - 2012 - 256 pages
...refused to rule on the merits of the case because the petitioner had not exhausted his state remedies. Ordinarily an application for habeas corpus by one...by a federal court only after all state remedies, including all appellate remedies in the state courts and in this court by appeal or writ of certiorari,... | |
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