Clarence E. Tyler v. V. L. Pepersack, Warden, Maryland Penitentiary
Clarence E. TYLER, Petitioner, Appellant, v. v. L. PEPERSACK, Warden, Maryland Penitentiary, Appellee
Opinion
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.
Cited by 2 cases
View all citing references →Relies on it most ⓘ
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.