SHARPE
v.
BUCHANAN, WARDEN

U.S. | 1942-12-14
No. 525
317 U.S. 238 Supreme Court of the United States (1942) Caution
Also reported at: 87 L. Ed. 238 · 63 S. Ct. 245 · 1942 U.S. LEXIS 13 · SCDB 1942-027 · 317 U.S. 620
Cited by 62 cases

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Synopsis

A state prisoner's federal habeas corpus petition was dismissed by the lower courts solely on the ground that he had not exhausted state remedies, but after the Supreme Court granted certiorari, the prisoner completed his state court proceedings by obtaining a final decision on habeas corpus from the Kentucky Court of Appeals. The Supreme Court vacated the judgment and remanded the case to the Circuit Court of Appeals to reconsider the merits, holding that the exhaustion requirement no longer barred federal review once state remedies had been fully pursued.

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Per_curiam
Per Curiam.

Per Curiam.

The motion for leave to proceed in forma pauperis is granted and the petition for certiorari is also granted. It appears from the record that, after hearing, the District Court dénied an application for habeas corpus filed by petitioner, who is confined in a state penitentiary pursuant to a judgment of conviction of a state court. The Circuit Court of Appeals affirmed the District Court’s order, 121 F. 2d 448, on the sole ground that petitioner had not exhausted his state remedies by applying to the state courts for habeas corpus, although an application for a writ of error coram nobis had previously been denied by the Kentucky Court of Appeals. Sharpe v. Commonwealth, 284 Ky. 88, 143 S. W. 2d 857. The Circuit Court of Appeals denied a petition for rehearing, when it appeared that an application for habeas corpus, filed in a state court after the Circuit Court of Appeals had rendered its judgment, was still pending on appeal in the Kentucky Court of Appeals. After the petition for certiorari was filed here, the Kentucky Court of Appeals affirmed the state court’s order denying habeas corpus. Sharpe v. Commonwealth, 292 Ky. 86, 165 S. W. 2d 993. It thus appears that this obstacle to a consideration of the merits of petitioner’s application, which the Circuit Court of Appeals encountered, has now been removed. The judgment is therefore vacated, without costs, and the cause remanded to the Circuit Court of Appeals for such further proceedings as it may deem appropriate.

So ordered.

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Cited By (19 total)

  • In re the Est. of Harriet E. Briley v. Briley, 155 Fla. 798 (Fla. 1945)
    …the exercise of that power and such contracts will be controlled by Federal rather than State law. United States v. Grogan, 39 Fed. Supp. 819; Kolker v. United Stages, 40 Fed. Supp. 972; Garrett v. Moore McCormick Co. 317 U. S. 239, 63 Sup. Ct. 246, 87 L. Ed. 238; Warren v. United States, 68 C. Cls. 634, Cert. den. 281 U. S. 739, 50 Sup. Ct. 346, 74 L. Ed. 1154. That the bond in question is a contract is beyond doubt and .being so, Section 22 of the second Liberty Bond Act as amended and the regulations mad…
  • Marconi Wireless Tel. Co. of Am. v. United States, 320 U.S. 1 (U.S. 1943)
  • Robinette v. Helvering, 318 U.S. 184 (U.S. 1943)

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