James F. Gallagher and Junior Lynn Sherman v. Commonwealth of Kentucky W. Jess Buchanan, Warden Kentucky State Penitentiary, Eddyville, Kentucky

Sixth Circuit

James F. Gallagher and Junior Lynn Sherman v. Commonwealth of Kentucky W. Jess Buchanan, Warden Kentucky State Penitentiary, Eddyville, Kentucky

224 F.2d 559, 1955 U.S. App. LEXIS 4118

Court of Appeals for the Sixth Circuit·Decided June 4, 1955·No. 12350_1·Published

Opinion

PER CURIAM.

The above cause coming on to be heard upon an appeal from denial of appellants’ petition for a writ of habeas corpus by the district court, and it appearing that appellants were convicted in the Fayette Circuit Court of the State of Kentucky and that their petition for a writ of habeas corpus in the district court was filed before they had exhausted their remedies under the laws of the State of Kentucky, and the court being duly advised,

Now, therefore, it is ordered, adjudged, and decreed that the order of the district court denying appellants’ petition for a writ of habeas corpus on the ground that they have not exhausted the remedies available to them in the courts of the State of Kentucky is hereby affirmed.

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

PER CURIAM.

The above cause coming on to be heard upon an appeal from denial of appellants’ petition for a writ of habeas corpus by the district court, and it appearing that appellants were convicted in the Fayette Circuit Court of the State of Kentucky and that their petition for a writ of habeas corpus in the district court was filed before they had exhausted their remedies under the laws of the State of Kentucky, and the court being duly advised,

Now, therefore, it is ordered, adjudged, and decreed that the order of the district court denying appellants’ petition for a writ of habeas corpus on the ground that they have not exhausted the remedies available to them in the courts of the State of Kentucky is hereby affirmed.

James F. Gallagher and Junior Lynn Sherman v. Commonwealth of Kentucky W. Jess Buchanan, Warden Kentucky State Penitentiary, Eddyville, Kentucky, 224 F.2d 559, 1955 U.S. App. LEXIS 4118 (6th Cir. 1955).

Pincite

224 F.2d 559 (James F. Gallagher and Junior Lynn Sherman v. Commonwealth of Kentucky W. Jess Buchanan, Warden Kentucky State Penitentiary, Eddyville, Kentucky) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.