Ex Parte Hawk, 321 U.S. 114 (1944)

Ex parte Hawk

No. ___

Decided January 31, 1944
321 U.S. 114

MOTION FOR LEAVE TO FILE PETITION

FOR WRIT OF HABEAS CORPUS

Syllabus

1. Since it does not appear that the applicant for habeas corpus, confined under sentence of a state court, has exhausted his remedies under the state law, the application is denied without prejudice. P. 118.

2. Where resort to state court remedies has failed to afford to a petitioner for habeas corpus a full and fair adjudication of the federal questions raised, either because the State affords no remedy or because, in the particular case, the remedy afforded proves in practice unavailable or seriously inadequate, a federal court should entertain the petition; but, in such case, the petitioner should proceed in the federal district court before resorting to this Court. P. 118.

3. The statement often made that federal courts will interfere with the administration of justice in the state courts only "in rare cases where exceptional circumstances of peculiar urgency are shown to exist" is inapplicable where the petitioner for habeas corpus has exhausted his state remedies and makes a substantial showing of denial of federal right. P. 117.

Application denied.