United States Ex Rel. Horton v. Skeen

Fourth Circuit

United States Ex Rel. Horton v. Skeen

213 F.2d 872, 1954 U.S. App. LEXIS 3592

CourtCourt of Appeals for the Fourth Circuit

DecidedJune 2, 1954

Docket6784_1

StatusPublished

Cited by1 cases

This text of 213 F.2d 872 (United States Ex Rel. Horton v. Skeen) 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

United States Ex Rel. Horton v. Skeen, 213 F.2d 872, 1954 U.S. App. LEXIS 3592 (4th Cir. 1954).

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Opinion

PER CURIAM.

This is an appeal from an order dismissing a petition for a writ of habeas corpus. Appellant is imprisoned under the sentence of a state court, imposed upon him when he pleaded guilty to the crime of murder, in a proceeding in which he was represented by counsel of his own choice. The petition was properly dismissed on the ground that appellant had not exhausted state remedies. Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587, 94 L.Ed. 761. If the appeal were properly before us, therefore, the order dismissing the petition would be affirmed. The appeal must be dismissed, however, because appellant has failed to obtain the certificate of probable cause required by 28 U.S.C. § 2253. The judge below properly refused to grant such a certificate and no judge of this court is of opinion that same should be granted.

Appeal dismissed.

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PER CURIAM.

This is an appeal from an order dismissing a petition for a writ of habeas corpus. Appellant is imprisoned under the sentence of a state court, imposed upon him when he pleaded guilty to the crime of murder, in a proceeding in which he was represented by counsel of his own choice. The petition was properly dismissed on the ground that appellant had not exhausted state remedies. Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587, 94 L.Ed. 761. If the appeal were properly before us, therefore, the order dismissing the petition would be affirmed. The appeal must be dismissed, however, because appellant has failed to obtain the certificate of probable cause required by 28 U.S.C. § 2253. The judge below properly refused to grant such a certificate and no judge of this court is of opinion that same should be granted.

Appeal dismissed.

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213 F.2d 872, 1954 U.S. App. LEXIS 3592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-ex-rel-horton-v-skeen-ca4-1954.

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