Howard B. Stickney v. O. B. Ellis, Director, Texas Department of Correction

Fifth Circuit

Howard B. Stickney v. O. B. Ellis, Director, Texas Department of Correction

295 F.2d 888, 1961 U.S. App. LEXIS 3269

Court of Appeals for the Fifth Circuit·Decided November 6, 1961·No. 19310_1·Published

Opinion

PER CURIAM.

The certificate of probable cause is granted. It appears that the same ground upon which the appellant sought habeas corpus before the United States District Court is a ground of a ruling now pending for review before the Court of Criminal Appeals of Texas. It is obvious, therefore, that the appellant had not exhausted his remedies available in the courts of the State of Texas, as required by Title 28 United States Code, § 2254, and that the United States District Court properly denied the application. Its judgment is

Affirmed.

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PER CURIAM.

The certificate of probable cause is granted. It appears that the same ground upon which the appellant sought habeas corpus before the United States District Court is a ground of a ruling now pending for review before the Court of Criminal Appeals of Texas. It is obvious, therefore, that the appellant had not exhausted his remedies available in the courts of the State of Texas, as required by Title 28 United States Code, § 2254, and that the United States District Court properly denied the application. Its judgment is

Affirmed.

Howard B. Stickney v. O. B. Ellis, Director, Texas Department of Correction, 295 F.2d 888, 1961 U.S. App. LEXIS 3269 (5th Cir. 1961).

Pincite

295 F.2d 888 (Howard B. Stickney v. O. B. Ellis, Director, Texas Department of Correction) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.