William R. Bell v. Commonwealth of Virginia

Fourth Circuit

William R. Bell v. Commonwealth of Virginia

245 F.2d 170, 1957 U.S. App. LEXIS 3212

CourtCourt of Appeals for the Fourth Circuit

DecidedMay 28, 1957

Docket7421

StatusPublished

Cited by4 cases

This text of 245 F.2d 170 (William R. Bell v. Commonwealth of Virginia) 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

William R. Bell v. Commonwealth of Virginia, 245 F.2d 170, 1957 U.S. App. LEXIS 3212 (4th Cir. 1957).

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Opinion

PER CURIAM.

This is an appeal from an order denying a petition for a writ of habeas corpus. Appellant was apprehended in Virginia on a warrant charging him with being a fugitive from justice. This warrant was subsequently dismissed for lack of prosecution; but appellant was taken into custody and transported into the state of Maryland as a violator of parole. While in custody in Virginia, he filed with the court below an application for a writ of habeas corpus, but before the application came on for consideration he had been transported into Maryland. The District Judge properly denied the application because state remedies had not been exhausted as required by 28 U.S.C. § 2254. We have no jurisdiction to entertain the appeal for failure of appellant to obtain the certificate of probable cause required by 28 U.S.C. § 2253; and, as state remedies had not been exhausted at the time of application for the writ, no such certificate would be proper.

Appeal dismissed.

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PER CURIAM.

This is an appeal from an order denying a petition for a writ of habeas corpus. Appellant was apprehended in Virginia on a warrant charging him with being a fugitive from justice. This warrant was subsequently dismissed for lack of prosecution; but appellant was taken into custody and transported into the state of Maryland as a violator of parole. While in custody in Virginia, he filed with the court below an application for a writ of habeas corpus, but before the application came on for consideration he had been transported into Maryland. The District Judge properly denied the application because state remedies had not been exhausted as required by 28 U.S.C. § 2254. We have no jurisdiction to entertain the appeal for failure of appellant to obtain the certificate of probable cause required by 28 U.S.C. § 2253; and, as state remedies had not been exhausted at the time of application for the writ, no such certificate would be proper.

Appeal dismissed.

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Bluebook (online)

245 F.2d 170, 1957 U.S. App. LEXIS 3212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-r-bell-v-commonwealth-of-virginia-ca4-1957.

Opinion

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