Leroy Cumbee v. R. P. Balkcom, Jr., Warden, Georgia State Prison

Fifth Circuit

Leroy Cumbee v. R. P. Balkcom, Jr., Warden, Georgia State Prison

347 F.2d 375, 1965 U.S. App. LEXIS 5257

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 14, 1965

Docket22014

StatusPublished

Cited by1 cases

This text of 347 F.2d 375 (Leroy Cumbee v. R. P. Balkcom, Jr., Warden, Georgia State Prison) 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.

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Leroy Cumbee v. R. P. Balkcom, Jr., Warden, Georgia State Prison, 347 F.2d 375, 1965 U.S. App. LEXIS 5257 (5th Cir. 1965).

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Opinion

PER CURIAM:

As to all of the alleged grounds for relief under this state habeas corpus petition which have been heretofore submitted to the State Court for consideration, we conclude that the trial court did not err in holding that they could be disposed of without a hearing. On the claim of appellant that the trial court did not charge the jury at the time of his State Court trial, even if this should amount to such essential unfairness as to be the basis of a habeas corpus proceeding, we find that this contention has never been submitted to the State Court. There was thus a failure of the appellant to exhaust State remedies as to this contention.

The judgment is affirmed.

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PER CURIAM:

As to all of the alleged grounds for relief under this state habeas corpus petition which have been heretofore submitted to the State Court for consideration, we conclude that the trial court did not err in holding that they could be disposed of without a hearing. On the claim of appellant that the trial court did not charge the jury at the time of his State Court trial, even if this should amount to such essential unfairness as to be the basis of a habeas corpus proceeding, we find that this contention has never been submitted to the State Court. There was thus a failure of the appellant to exhaust State remedies as to this contention.

The judgment is affirmed.

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347 F.2d 375, 1965 U.S. App. LEXIS 5257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leroy-cumbee-v-r-p-balkcom-jr-warden-georgia-state-prison-ca5-1965.

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