Charles J. Juliano v. H. J. Cardwell, Warden, Ohio Penitentiary
This text of 432 F.2d 1051 (Charles J. Juliano v. H. J. Cardwell, Warden, Ohio Penitentiary) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appellant appeals from denial of his petition for writ of habeas corpus filed in the United States District Court for the Northern District of Ohio, Eastern Division, and denied by the Judge of that court.
The record shows conclusively that the Supreme Court of Ohio has granted defendant leave to appeal from denial of his state court postconviction motion to vacate sentence. His appeal is now pending before that court and the District Judge was clearly correct in holding that appellant had failed to exhaust his state court remedies. 28 U.S.C. § 2254 (Supp. V, 1965-69).
The judgment of the District Court is affirmed.
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432 F.2d 1051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-j-juliano-v-h-j-cardwell-warden-ohio-penitentiary-ca6-1970.