Sharpe v. Buchanan, 317 U.S. 238 (1942)

Sharpe v. Buchanan

No. 525

Decided December 14, 1942
317 U.S. 238

ON PETITION FOR WRIT OF CERTIORARI TO THE

CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT

Syllabus

Where a judgment of the Circuit Court of Appeals affirming the District Court’s refusal of habeas corpus was upon the sole ground that the applicant, who was confined in a state penitentiary, had not applied for habeas corpus to the state courts, this Court vacated the judgment because, after the filing of the petition for certiorari here, habeas corpus had been expressly refused by the State’s highest court. P. 238.

121 F.2d 448 vacated.

Petition for writ of certiorari to review the affirmance of a judgment denying habeas corpus, 36 F.Supp. 386.