Carson Carlton Picklesimer v. Lamont Smith, Warden, Georgia State Prison

Fifth Circuit

Carson Carlton Picklesimer v. Lamont Smith, Warden, Georgia State Prison

405 F.2d 186

Court of Appeals for the Fifth Circuit·Decided December 12, 1968·No. 26445·Published·Cited by 1 cases

Opinion

PER CURIAM:

The record shows that the appellant has not exhausted his state remedies under the new Habeas Corpus Act, Georgia Code § 50-127, 1 in accordance with the provisions of 28 U.S.C. § 2254. Therefore the judgment of the District Court is affirmed. Peters v. Rutledge, 5 Cir. 1968, 397 F.2d 731; Henderson v. Dutton, 5 Cir. 1968, 397 F.2d 375; Rearden v. Smith, 5 Cir. 1968, 403 F.2d 723 [November 14, 1968].

Affirmed.

1

. This remedy was not available when the original habeas petition was filed March 2, 1967. The effective date of the Act was July 1, 1967, so that the remedy was available long before the District Court denied the petition.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

The record shows that the appellant has not exhausted his state remedies under the new Habeas Corpus Act, Georgia Code § 50-127, 1 in accordance with the provisions of 28 U.S.C. § 2254. Therefore the judgment of the District Court is affirmed. Peters v. Rutledge, 5 Cir. 1968, 397 F.2d 731; Henderson v. Dutton, 5 Cir. 1968, 397 F.2d 375; Rearden v. Smith, 5 Cir. 1968, 403 F.2d 723 [November 14, 1968].

Affirmed.

1

. This remedy was not available when the original habeas petition was filed March 2, 1967. The effective date of the Act was July 1, 1967, so that the remedy was available long before the District Court denied the petition.

Carson Carlton Picklesimer v. Lamont Smith, Warden, Georgia State Prison, 405 F.2d 186 (5th Cir. 1968).

Pincite

405 F.2d 186 (Carson Carlton Picklesimer v. Lamont Smith, Warden, Georgia State Prison) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related