Scribd Logo
Upload

Welcome to Scribd!

  • Allen v. Smyth, 213 F.2d 867, 4th Cir. (1954)

    Uploaded by

    Scribd Government Docs
    4 views1 page
    A prisoner appealed the denial of his application for a writ of habeas corpus by a federal district court. The appellate court dismissed the appeal because the prisoner failed to first exhaust his remedies in state courts, as required, and also did not secure the necessary certificate of probable cause for appeal. The appellate judges did not believe the certificate should be issued.

    Original Description:

    Filed: 1954-06-02 Precedential Status: Precedential Citations: 213 F.2d 867 Docket: 6796_1

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    A prisoner appealed the denial of his application for a writ of habeas corpus by a federal district court. The appellate court dismissed the appeal because the prisoner failed to first exhaust his remedies in state courts, as required, and also did not secure the necessary certificate of probable cause for appeal. The appellate judges did not believe the certificate should be issued.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    4 views1 page

    Allen v. Smyth, 213 F.2d 867, 4th Cir. (1954)

    Uploaded by

    Scribd Government Docs
    A prisoner appealed the denial of his application for a writ of habeas corpus by a federal district court. The appellate court dismissed the appeal because the prisoner failed to first exhaust his remedies in state courts, as required, and also did not secure the necessary certificate of probable cause for appeal. The appellate judges did not believe the certificate should be issued.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 1

    213 F.

    2d 867

    ALLEN
    v.
    SMYTH.
    No. 6796.

    United States Court of Appeals, Fourth Circuit.


    Argued May 31, 1954.
    Decided June 2, 1954.

    Venable Vermont, Spartanburg, S. C., for appellant.


    Thomas M. Miller, Asst. Atty. Gen., of Virginia (J. Lindsay Almond, Jr.,
    Atty. Gen., of Virginia, on brief), for appellee.
    Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.
    PER CURIAM.

    This is an appeal from an order denying an application for a writ of habeas


    corpus by a prisoner held under the judgment and sentence of a state court.
    Appellant has failed to exhaust his remedies under state law and the order of the
    court below would be affirmed on that ground if the appeal were properly
    before us. Appellant has failed, however, to secure the certificate of probable
    cause required by 28 U.S.C. 2253 as prerequisite to appeal and no judge of
    this court is of opinion that such certificate should be issued.

    Appeal dismissed.

    You might also like