Tann v. Smyth

Fourth Circuit

Tann v. Smyth

182 F.2d 939, 1950 U.S. App. LEXIS 2884

CourtCourt of Appeals for the Fourth Circuit

DecidedJune 14, 1950

Docket6108_1

StatusPublished

Cited by4 cases

This text of 182 F.2d 939 (Tann v. Smyth) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tann v. Smyth, 182 F.2d 939, 1950 U.S. App. LEXIS 2884 (4th Cir. 1950).

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Opinion

PER CURIAM.

This is an appeal from the denial of the writ of habeas corpus to a prisoner held in custody under the judgment of a court of the state of Virginia. It does not appear that appellant has any merit in his petition or that he has exhausted his remedies under state law as required by 28 U.S. C.A. § 2254. Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587. The order of the court below would be affirmed, therefore, if the appeal were properly before us. It is not properly before us, however, because not supported by a certificate of probable cause as required by 28 U.S.C.A. § 2253 and must accordingly be dismissed. Bernard v. Brady, 4 Cir., 164 F.2d 881.

Appeal dismissed.

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PER CURIAM.

This is an appeal from the denial of the writ of habeas corpus to a prisoner held in custody under the judgment of a court of the state of Virginia. It does not appear that appellant has any merit in his petition or that he has exhausted his remedies under state law as required by 28 U.S. C.A. § 2254. Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587. The order of the court below would be affirmed, therefore, if the appeal were properly before us. It is not properly before us, however, because not supported by a certificate of probable cause as required by 28 U.S.C.A. § 2253 and must accordingly be dismissed. Bernard v. Brady, 4 Cir., 164 F.2d 881.

Appeal dismissed.

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Bluebook (online)

182 F.2d 939, 1950 U.S. App. LEXIS 2884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tann-v-smyth-ca4-1950.

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