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Clarence E. Tyler v. V. L. Pepersack, Warden, Maryland Penitentiary

Clarence E. TYLER, Petitioner, Appellant, v. v. L. PEPERSACK, Warden, Maryland Penitentiary, Appellee

Tyler v. V. L. Pepersack,, Md. Penitentiary, 235 F.2d 29 (4th Cir. 1956)
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Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
June 18, 1956
Docket
No. 7185_1
Judges
Parker, Moore
Citations
235 F.2d 291956 U.S. App. LEXIS 3816

Opinion — Per Curiam

PER CURIAM.

This is an appeal from an order ■denying a petition for a writ of habeas •corpus by a prisoner incarcerated under the judgment and sentence of a court of the state of Maryland. The petition was properly denied for the reason that the contentions raised in the petition had been passed on by the Court of Appeals •of Maryland, Tyler v. Warden of Md. Penitentiary, 206 Md. 635 , 109 A.2d 919 , and there was nothing to show that they had not been properly considered and ■passed on by that tribunal. Brown v. Allen, 344 U.S. 443, 457-458 , 73 S.Ct. 397 , 97 L.Ed. 469 . Furthermore, state remedies have not been exhausted in that no application has been made to the 'Supreme Court of the United States for ■certiorari to review the action of the state courts. Darr v. Burford, 339 U.S. 200 , 70 S.Ct. 587 , 94 L.Ed. 761 . If the ■case were properly before us, we would accordingly affirm the action of the court below. The appeal must be dismissed, however, for failure of appellant to obtain the certificate of probable cause required by 28 U.S.C. § 2253 . Cumberland v. (Pepersack) Warden, 4 Cir., 227 F.2d 310 .

Appeal dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1958: 11963: 119582026peak 1958 · 1

Relies on it most ⓘ

  1. Townsend v. Sain372 U.S. 293 (1963)
  2. Mason McCoy v. E. H. Tucker, Warden, West Virginia State Penitentiary259 F.2d 714 (4th Cir. 1958)

Most recent

  1. Townsend v. Sain372 U.S. 293 (1963)
  2. Mason McCoy v. E. H. Tucker, Warden, West Virginia State Penitentiary259 F.2d 714 (4th Cir. 1958)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Brown v. Allen, 344 U.S. 443 (1953) 1,992
Darr v. Burford, 339 U.S. 200 (1950) 828
Tyler v. Warden of Md. Penitentiary, 109 A.2d 919 (Md. 2001) 0
Cumberland v. Warden, 227 F.2d 310 (4th Cir. 1955) 6

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