Hopson v. Smyth

Fourth Circuit

Hopson v. Smyth

182 F.2d 936, 1950 U.S. App. LEXIS 2882

CourtCourt of Appeals for the Fourth Circuit

DecidedJune 14, 1950

Docket6084

StatusPublished

Cited by2 cases

This text of 182 F.2d 936 (Hopson v. Smyth) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hopson v. Smyth, 182 F.2d 936, 1950 U.S. App. LEXIS 2882 (4th Cir. 1950).

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Opinion

PER CURIAM.

This is an appeal in a habeas corpus case. The appellant is held in custody under the judgment of a Virginia state court; and it appears not only that there is no merit in his petition but also that he has not exhausted his remedies under state law. The order of the lower court would, *937 therefore, he affirmed if the appeal were properly before us. Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587; Washington v. Smyth, 4 Cir., 167 F.2d 658. It is not properly before us, however, because not supported by a certificate of probable cause as required by 28 U.S.C.A. § 2253, and must accordingly be dismissed. Bernard v. Brady, 4 Cir., 164 F.2d 881.

Appeal dismissed.

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PER CURIAM.

This is an appeal in a habeas corpus case. The appellant is held in custody under the judgment of a Virginia state court; and it appears not only that there is no merit in his petition but also that he has not exhausted his remedies under state law. The order of the lower court would, *937 therefore, he affirmed if the appeal were properly before us. Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587; Washington v. Smyth, 4 Cir., 167 F.2d 658. It is not properly before us, however, because not supported by a certificate of probable cause as required by 28 U.S.C.A. § 2253, and must accordingly be dismissed. Bernard v. Brady, 4 Cir., 164 F.2d 881.

Appeal dismissed.

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Bluebook (online)

182 F.2d 936, 1950 U.S. App. LEXIS 2882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hopson-v-smyth-ca4-1950.

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