Kenneth Sailer v. Walter E. Craven, Warden

Ninth Circuit

Kenneth Sailer v. Walter E. Craven, Warden

458 F.2d 1362, 1972 U.S. App. LEXIS 9442

Court of Appeals for the Ninth Circuit·Decided May 22, 1972·No. 71-1676·Published

Opinion

PER CURIAM:

In this state habeas corpus case, the district court dismissed the petition for failure to exhaust state remedies.

Thereupon, Sailer took this federal appeal. Also, he went back to the state court where he obtained no relief. The appellee concedes that he has now exhausted his state remedies and that the federal constitutional issues are presented for consideration in a new habeas corpus petition now filed by Sailer in the District Court.

One arrow in the quiver has to go. We conclude it is this appeal.

The appeal is dismissed.

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PER CURIAM:

In this state habeas corpus case, the district court dismissed the petition for failure to exhaust state remedies.

Thereupon, Sailer took this federal appeal. Also, he went back to the state court where he obtained no relief. The appellee concedes that he has now exhausted his state remedies and that the federal constitutional issues are presented for consideration in a new habeas corpus petition now filed by Sailer in the District Court.

One arrow in the quiver has to go. We conclude it is this appeal.

The appeal is dismissed.

Kenneth Sailer v. Walter E. Craven, Warden, 458 F.2d 1362, 1972 U.S. App. LEXIS 9442 (9th Cir. 1972).

Pincite

458 F.2d 1362 (Kenneth Sailer v. Walter E. Craven, Warden) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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