Murray Arthur Anthony Murphy v. Lawrence E. Wilson, Warden, State of California

409 F.2d 840, 1969 U.S. App. LEXIS 13124

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 25, 1969
• Docket: 22686
• Status: Published

Opinion

PER CURIAM:

Murray A. A. Murphy appeals from a district court order denying, without prejudice, his application for a writ of habeas corpus. Murphy asserts that in connection with his conviction of burglary by a California' court on May 19, 1965, his constitutional rights were violated.

At the time Murphy applied for a writ of habeas corpus his appeal from the 1965 state conviction was pending in the California Court of Appeal. Murphy alleged, however, that he was being deprived of a complete record necessary to prosecute that appeal. He accordingly asked that the federal habeas corpus proceeding serve as a “full replacement” of the state appeal, and that a complete record on appeal be provided, and for related relief.

The trial court correctly denied the application for a writ since Murphy had not exhausted his available state remedies. He will not have exhausted his available state remedies until the state appeal proceedings have been completed and a final state judgment has been entered. Federal habeas corpus does not afford a means of transferring pending state criminal proceedings to a federal court.

Affirmed.