IN RE SHUTTLESWORTH
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The Supreme Court granted habeas corpus relief to a petitioner seeking review of a denial of a certificate of probable cause for appeal in the Fifth Circuit and remanded the case to the District Court, instructing that the petitioner first exhaust available state remedies, including seeking bail from state courts, before the federal court would consider the matter on its merits.
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Per Curiam.
Treating this application for habeas corpus as a petition for certiorari to review the denial by a judge of the Court of Appeals for the Fifth Circuit of a certificate of probable cause for appeal (28 U. S. C. § 2253) from the District Court for the Northern District of Alabama, cf. In re Burwell, 350 U. S. 521, 522, we grant it as such, vacate the order of the Court of Appeals, and remand the case to the District Court with instructions to hold the matter while petitioner pursues his state remedies (as indicated in the opinion of Judge Rives denying a certificate of probable cause), including an application for bail to state courts pending disposition of petitioner’s application for state relief. In the event of failure to secure such relief, or to secure admission to bail pending such relief within five (5) days from the date of application for bail, petitioner may, upon appropriate showing, proceed on this application in the United States District Court which may then consider all state remedies exhausted and proceed to hear and determine the cause, including any application for bail pending that court’s final disposition of the matter. The Clerk is directed to issue the judgment forthwith.
Cases With Similar Vibessemantic neighbors from the corpus
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Hensley v. Mun. Court, 411 U.S. 345 (U.S. 1973)…more than postpone this habeas corpus action until petitioner had begun service of his sentence.10 It would still remain open to the District Court to order petitioner’s release pending consideration of his habeas corpus claim. In re Shuttlesworth, 369 U. S. 35 (1962). Even if petitioner remained in jail only long enough to have his petition filed in the District Court, his release by order of the District Court would not jeopardize his “custody” for purposes of a habeas corpus action. Carafas v. LaVallee,…
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Walker v. City of Birmingham, 388 U.S. 307 (U.S. 1967)…Shuttles-worth v. City of Birmingham, 382 U. S. 87 (1965); Shuttlesworth v. City of Birmingham, 376 U. S. 339 (1964); Shuttlesworth v. City of Birmingham, 373 U. S. 262 (1963); Gober v. City of Birmingham, 373 U. S. 374 (1963); In re Shuttlesworth, 369 U. S. 35 (1962). The United States Commission on Civil Rights found continuing abuse of civil rights protesters by the Birmingham police, including use of dogs, clubs, and firehoses. 1963 Report of the United States Commission on Civil Rights 114 (Governme…
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The NEW York Times Co. v. Connor, 365 F.2d 567 (5th Cir. 1966)…involved in extensive appellate litigation. See Shuttlesworth v. City of Birmingham, 1965, 382 U.S. 87, 86 S.Ct. 211, 15 L.Ed.2d 176; Shuttlesworth v. City of Birmingham, 1963, 373 U.S. 262, 83 S.Ct. 1130, 10 L.Ed.2d 335; In re Shuttlesworth, 1962, 369 U.S. 35, 82 S.Ct. 551, 7 L.Ed.2d 548; Hanes v. Shuttlesworth, 5th Cir. 1962, 310 F. 2d 303. . The N. Y. Times, May 4,1960.…
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- In re Application of Burwell, 350 U.S. 521 (U.S. 1956)