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  • United States of America Ex Rel. Adolph Priester v. Stanley P. Ashe, Warden, Western State Penitentiary, 182 F.2d 941, 3rd Cir. (1950)

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    The document is a court case from 1950 in which Adolph Priester appealed the denial of his writ of habeas corpus by a U.S. District Court. The U.S. Court of Appeals affirmed the lower court's ruling, finding that Priester had failed to exhaust all available state remedies before filing in federal court, as required. The appellate court consisted of Chief Judge Biggs and Circuit Judges Goodrich and Kalodner.

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    Filed: 1950-06-09 Precedential Status: Precedential Citations: 182 F.2d 941 Docket: 10173_1

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    The document is a court case from 1950 in which Adolph Priester appealed the denial of his writ of habeas corpus by a U.S. District Court. The U.S. Court of Appeals affirmed the lower court's ruling, finding that Priester had failed to exhaust all available state remedies before filing in federal court, as required. The appellate court consisted of Chief Judge Biggs and Circuit Judges Goodrich and Kalodner.

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    Public Domain
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    8 views1 page

    United States of America Ex Rel. Adolph Priester v. Stanley P. Ashe, Warden, Western State Penitentiary, 182 F.2d 941, 3rd Cir. (1950)

    Uploaded by

    Scribd Government Docs
    The document is a court case from 1950 in which Adolph Priester appealed the denial of his writ of habeas corpus by a U.S. District Court. The U.S. Court of Appeals affirmed the lower court's ruling, finding that Priester had failed to exhaust all available state remedies before filing in federal court, as required. The appellate court consisted of Chief Judge Biggs and Circuit Judges Goodrich and Kalodner.

    Copyright:

    Public Domain
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    of 1

    182 F.

    2d 941

    UNITED STATES of America ex rel. Adolph PRIESTER,


    Appellant,
    v.
    Stanley P. ASHE, Warden, Western State Penitentiary.
    No. 10173.

    United States Court of Appeals Third Circuit.


    Submitted June 7, 1950.
    Decided June 9, 1950.

    Appeal from the United States District Court for the Western District of
    Pennsylvania; Nelson McVicar, Judge.
    Adolph Priester, pro se.
    William S. Rahauser, Dist. Atty., Craig T. Stockdale, Asst. Dist. Atty.,
    Pittsburgh, Pa., for appellee.
    Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit
    Judges.
    PER CURIAM.

    It is apparent from an examination of the briefs and record in this case that the
    appellant has failed to exhaust his State remedies. Ex parte Hawk, 321 U.S.
    114, 64 S.Ct. 448, 88 L.Ed. 572; Darr v. Burford, Warden, 339 U.S. 200, 70
    S.Ct. 587. Consequently the decree of the court below, 86 F.Supp. 673,
    denying him enlargement on writ of habeas corpus will be affirmed.

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