ROBERT C. KESSINGER, APPELLANT,
v.
RAY H. PAGE, WARDEN, OKLAHOMA STATE PENITENTIARY AND THE STATE OF OKLAHOMA, APPELLEES
PER CURIAM.
The district court denied habeas corpus relief to appellant Kessinger, a prisoner in the Oklahoma penitentiary, on the ground that he had not exhausted his state remedies as required by 28 U.S.C. § 2254. The record shows that appellant has appealed to the Oklahoma Court of Criminal Appeals from his state conviction and that the appeal is pending and undecided. In such circumstances, he has not exhausted his available remedies-in state courts. Lee v. State of Kansas, 10 Cir., 346 F. 2d 48. The various claims that he makes can and should be decided in the Oklahoma courts. Nothing is presented to show that the state remedy is ineffective or inadequate.
Affirmed.
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Neary v. State, 384 So. 2d 881 (Fla. 1980)
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Sheff v. State, 329 So. 2d 270 (Fla. 1976)
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United States v. Giordano, 416 U.S. 505 (U.S. 1974)
Previewing 3 of 30 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- LEE v. State OF Kan., 346 F.2d 48 (10th Cir. 1965)