Michael Silvers v. Honorable Clarence Dowling and Milton Stire, Civil Sheriff

Fifth Circuit

Michael Silvers v. Honorable Clarence Dowling and Milton Stire, Civil Sheriff

495 F.2d 1126, 1974 U.S. App. LEXIS 7977

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 24, 1974

Docket73-2430

StatusPublished

This text of 495 F.2d 1126 (Michael Silvers v. Honorable Clarence Dowling and Milton Stire, Civil Sheriff) 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

Michael Silvers v. Honorable Clarence Dowling and Milton Stire, Civil Sheriff, 495 F.2d 1126, 1974 U.S. App. LEXIS 7977 (5th Cir. 1974).

Pincite

Opinion

PER CURIAM:

Appellant, a Louisiana lawyer, sought federal habeas corpus relief on due process grounds from a one day prison sentence imposed for contempt in a Louisiana trial court. The district court denied relief on the merits. Without expressing any view whatever on the merits, we vacate and remand with direction that the complaint be dismissed for failure to exhaust state remedies. Despite an appeal to the Supreme Court of Louisiana, Silvers v. Dowling, 1972, 262 La. 1077, 266 So.2d 216, cert. den., 411 U.S. 944, 93 S.Ct. 1922, 36 L.Ed.2d 406, the due process grounds urged in the federal habeas court have never been presented to the state courts. Controversies involving the conduct of lawyers in state courts would seem to be near the heart of the principles of comity on which the exhaustion of state remedies doctrine is based.

Vacated and remanded with direction.

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

PER CURIAM:

Appellant, a Louisiana lawyer, sought federal habeas corpus relief on due process grounds from a one day prison sentence imposed for contempt in a Louisiana trial court. The district court denied relief on the merits. Without expressing any view whatever on the merits, we vacate and remand with direction that the complaint be dismissed for failure to exhaust state remedies. Despite an appeal to the Supreme Court of Louisiana, Silvers v. Dowling, 1972, 262 La. 1077, 266 So.2d 216, cert. den., 411 U.S. 944, 93 S.Ct. 1922, 36 L.Ed.2d 406, the due process grounds urged in the federal habeas court have never been presented to the state courts. Controversies involving the conduct of lawyers in state courts would seem to be near the heart of the principles of comity on which the exhaustion of state remedies doctrine is based.

Vacated and remanded with direction.

Cite This Page — Counsel Stack

Bluebook (online)

495 F.2d 1126, 1974 U.S. App. LEXIS 7977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-silvers-v-honorable-clarence-dowling-and-milton-stire-civil-ca5-1974.

Opinion

Related

Cite This Page — Counsel Stack