Francisco v. Gathright, 419 U.S. 59 (1974)

Francisco v. Gathright

No. 73-5768

Argued October 15, 1974
Decided November 19, 1974
419 U.S. 59

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

Syllabus

Petitioner brought this federal habeas corpus action, claiming the unconstitutionality of a state statute under which he had been convicted of a drug violation. The Court of Appeals upheld the District Court’s ruling that petitioner’s challenge should be resubmitted to the state courts in the light of a State Supreme Court decision (issued after that court had declined to review petitioner’s conviction on direct appeal but before petitioner had filed his habeas petition) holding the state statute constitutionally invalid.

Held: Since the state courts had a full opportunity to determine the federal constitutional issue before petitioner resorted to the federal forum, no substantial state interest would be served by requiring petitioner to resubmit his constitutional claim to the state courts. Roberts v. LaVallee, 389 U.S. 40.

Reversed and remanded.