Baley v. Tondre, Warden
This text of 199 F.2d 28 (Baley v. Tondre, Warden) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The petitioner, an inmate of the New Mexico State Penitentiary, brought this habeas corpus proceeding in the Federal district court for the District of New Mexico alleging that he was unlawfully held by the Warden of that institution. The district court denied the application and this appeal was taken.
A hearing was had upon the application and the trial court found that no proceedings had been instituted in the state court to test the validity of the detention and the record does not disclose that at the time of the hearing there was any justification for failure to exhaust the available state remedies. Under such circumstances, the Federal district court will not ordinarily entertain an application for habeas corpus. Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587,, 94 L.Ed. 761.
Affirmed.
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Cite This Page — Counsel Stack
199 F.2d 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baley-v-tondre-warden-ca10-1952.