Reed v. Buchanan

Sixth Circuit

Reed v. Buchanan

188 F.2d 521, 1951 U.S. App. LEXIS 3064

CourtCourt of Appeals for the Sixth Circuit

DecidedApril 12, 1951

Docket11198_1

StatusPublished

Cited by1 cases

This text of 188 F.2d 521 (Reed v. Buchanan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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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Reed v. Buchanan, 188 F.2d 521, 1951 U.S. App. LEXIS 3064 (6th Cir. 1951).

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Opinion

PER CURIAM.

This appeal was heard on the record, briefs and argument of counsel for the respective parties.

And it appearing that there was and is available to appellant a remedy in the Courts of Kentucky in the nature of a habeas corpus proceeding, Sections 399 to 429-2, Criminal Code of Practice of Kentucky, or in the nature of Writ of Coram Nobis, Jones v. Commonwealth, 269 Ky. 779, 108 S.W.2d 816; Smith v. Buchanan, 291 Ky. 44, 49, 163 S.W.2d 5, 145 A.L.R. 813, which remedy is effective to protect the rights of the appellant asserted by him in this proceeding, but which has not been availed of by him;

And appellant having thus failed to exhaust the remedies available to him in the State Court as required by Section 2254, Title 28 U.S.Code;

*522 It is ordered that the judgment of the District Court dismissing the Writ of Habeas Corpus be affirmed. Ex parte Williams, 317 U.S. 604, 63 S.Ct. 431, 87 L.Ed. 491; Bacon v. Sullivan, 5 Cir., 181 F.2d 177; Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587, 94 L.Ed. 761.

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PER CURIAM.

This appeal was heard on the record, briefs and argument of counsel for the respective parties.

And it appearing that there was and is available to appellant a remedy in the Courts of Kentucky in the nature of a habeas corpus proceeding, Sections 399 to 429-2, Criminal Code of Practice of Kentucky, or in the nature of Writ of Coram Nobis, Jones v. Commonwealth, 269 Ky. 779, 108 S.W.2d 816; Smith v. Buchanan, 291 Ky. 44, 49, 163 S.W.2d 5, 145 A.L.R. 813, which remedy is effective to protect the rights of the appellant asserted by him in this proceeding, but which has not been availed of by him;

And appellant having thus failed to exhaust the remedies available to him in the State Court as required by Section 2254, Title 28 U.S.Code;

*522 It is ordered that the judgment of the District Court dismissing the Writ of Habeas Corpus be affirmed. Ex parte Williams, 317 U.S. 604, 63 S.Ct. 431, 87 L.Ed. 491; Bacon v. Sullivan, 5 Cir., 181 F.2d 177; Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587, 94 L.Ed. 761.

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188 F.2d 521, 1951 U.S. App. LEXIS 3064, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-buchanan-ca6-1951.

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