Robert C. Kessinger v. Ray H. Page, Warden, Oklahoma State Penitentiary and the State of Oklahoma
This text of 369 F.2d 799 (Robert C. Kessinger v. Ray H. Page, Warden, Oklahoma State Penitentiary and the State of Oklahoma) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The district court denied habeas corpus relief to appellant Kessinger, a prisoner in the Oklahoma penitentiary, on the ground that he had not exhausted his state remedies as required by 28 U.S.C. § 2254. The record shows that appellant has appealed to the Oklahoma Court of Criminal Appeals from his state conviction and that the appeal is pending and undecided. In such circumstances, he has not exhausted his available remedies-in state courts. Lee v. State of Kansas, 10 Cir., 346 F.2d 48. The various claims that he makes can and should be decided in the Oklahoma courts. Nothing is presented to show that the state remedy is ineffective or inadequate.
Affirmed.
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369 F.2d 799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-c-kessinger-v-ray-h-page-warden-oklahoma-state-penitentiary-and-ca10-1966.