(Download) "Rollins v. Haskins" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Rollins v. Haskins
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 01, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Appellant, an Ohio prisoner, appeals in forma pauperis with appointed counsel from an order of the District Court dismissing his petition for the Writ of Habeas Corpus, upon the ground that appellant had failed first to exhaust the remedies available to him in the Ohio courts, as required by 28 U.S.C. § 2254. Appellant asserts that his conviction and confinement are in violation of both the Constitution of the United States and the Constitution of Ohio, but he has never sought relief by direct appeal to the State Courts. It does appear from the record that appellant has applied to the Ohio Supreme Court for a writ of habeas corpus, but the Ohio Supreme Court declined to consider the constitutional questions presented here, observing that appellant was then subject to detention under both a 1957 conviction and the 1962 conviction which he sought to attack; and that habeas corpus, which lies only if the petitioner is entitled to immediate release, was not therefore available.