Patrick James Campbell v. Roger W. Crist, Warden of Montana State Prison and Mike Greely, Montana State Attorney General
Patrick James CAMPBELL, Petitioner-Appellant, v. Roger W. CRIST, Warden of Montana State Prison and Mike Greely, Montana State Attorney General, Respondents-Appellees
Opinion
SKOPIL, Circuit Judge:
Campbell appeals the denial of a writ of habeas corpus.
Campbell v. Crist, 491 F.Supp. 586 (D.Mont.1980). He contends that the state court lacked jurisdiction to try him for a robbery committed on the Flathead Indian Reservation. He raises numerous other objections regarding the adequacy of the state proceedings, and of his representation by counsel. We affirm.
Normally, a federal court will not entertain a state prisoner’s petition for writ of habeas corpus unless the petitioner has *957 exhausted available state judicial remedies. 28 U.S.C. § 2254 (b);
Sweet v. Cupp, 640 F.2d 233 at 236 (9th Cir. 1981). If the petitioner’s claim was not presented to the state courts on direct appeal, state collateral remedies must be exhausted. 28 U.S.C. § 2254 (c);
Sweet v. Cupp, supra.
This court may consider whether state remedies have been exhausted even if the state does not raise the issue.
Rose v. Dickson, 327 F.2d 27, 28 (9th Cir. 1964).
See also Sweet v. Cupp, supra at 237 & n.5.
There is no indication in the record that Campbell has exhausted available state judicial remedies. In the interest of comity we will not consider the merits of Campbell’s petition.
The judgment appealed from is AFFIRMED.
How later courts describe this case
Explanatory parentheticals written by citing courts — 20 in all; the most informative distinct ones are shown.
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(“If the 8 petitioner's claim was not presented to the state courts on direct appeal, state collateral remedies 9 must be exhausted.”)
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(“This court may consider whether state remedies have been exhausted even if the 21 state does not raise the issue”)
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(courts may raise exhaustion sua sponte)
Cited by 26 cases
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- Ozzie Batchelor v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary, James Redden, Solicitor General, Walter L. Barr
- Arthur Nathaniel Aiken v. James Spalding, Superintendent, Washington State Penitentiary, and Slade Gorton, Attorney General, State of Washington
- Waldo E. Granberry v. Larry Mizell
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.