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

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 6, 1961

Docket19310_1

StatusPublished

This text of 295 F.2d 888 (Howard B. Stickney v. O. B. Ellis, Director, Texas Department of Correction) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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.

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Bluebook (online)

295 F.2d 888, 1961 U.S. App. LEXIS 3269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-b-stickney-v-o-b-ellis-director-texas-department-of-correction-ca5-1961.