Dennis Lee Cartwright v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary
Dennis Lee CARTWRIGHT, Plaintiff-Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Defendant-Appellee
Opinion
OPINION PER CURIAM.
Dennis Lee Cartwright pled guilty to murder and was sentenced to life imprisonment. After being denied an early parole, he commenced state post-conviction proceedings alleging constitutional defects in his guilty plea.
*1104 After taking his state court remedies to the intermediate appellate level without success, he brought federal habeas corpus proceedings and now appeals a summary judgment in favor of the state. While Cartwright alleges that he has exhausted his state court remedies, there is nothing in the record to show that he sought review in the Oregon Supreme Court. He recites only that he appealed to the Oregon Court of Appeals. The district court should have dismissed the petition for failure to exhaust. 28 U.S.C. § 2254 (b).
See Carothers v. Rhay, 594 F.2d 225, 228 (9th Cir. 1979);
Williams v. Nelson, 431 F.2d 932 (9th Cir. 1970).
Affirmed.
How later courts describe this case
Explanatory parentheticals written by citing courts — 6 in all; the most informative distinct ones are shown.
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(noting that 2 a district court can dismiss a habeas corpus petition for failure to exhaust)
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(affirming summary judgment for respondent because, although petitioner alleged he had 26 exhausted, “there is nothing in the record” to show it)
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(“In habeas corpus cases . . . federal courts may consider sua sponte whether the defendant has exhausted state remedies . . . .”)
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(petitioner bears burden of showing he has 18 exhausted state remedies)
Cited by 85 cases
View all citing references →Relies on it most ⓘ
- Ozzie Batchelor v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary, James Redden, Solicitor General, Walter L. Barr
- Edward E. Allen v. State of Oregon
- Withers v. Dupnik
- Tedd E. Jojola v. Riverside Superior Court
- Devance Darnell Dean v. Jim Robertson
- Romont Hagan v. The People of State California
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.