DAVID H. JOHNSON, APPELLANT,
v.
MARCELL GRAHAM, WARDEN OF THE UTAH STATE PRISON, APPELLEE
PER CURIAM.
This is an appeal from an order denying a petition for a writ of habeas corpus. Johnson, the applicant for the writ, sought discharge from confinement in the Utah State Prison, under a judgment of conviction for the offense of murder by a state court of Utah.
The only allegation in the petition, with respect to the exhaustion by Johnson of his remedies in the state courts of Utah, reads as follows: “Petitioner .claims that he has exhausted remedy in the courts of the State of Utah.”
At the oral argument it was conceded that Johnson had not filed a petition for • certiorari in the Supreme Court of the United States, seeking review of any decision by a Utah court.
We conclude that there was no sufficient allegation or showing that Johnson had exhausted his state remedies.1
It follows that the order below must :be and it is affirmed.
. Wild v. State of Oklahoma, 10 Cir., 187 F. 2d 409, 410; Thompson v. Overlade, 7 Cir., 216 F. 2d 492, 493.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wild v. State OF Okla., 187 F.2d 409 (10th Cir. 1951)
- Thompson v. Overlade, 216 F.2d 492 (7th Cir. 1954)