ALLEN
v.
BANNAN, WARDEN
Per Curiam.
The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment of the United States Court of Appeals for the Sixth Circuit is vacated and the case is remanded to the United States District Court for the Eastern District of Michigan for a hearing on the merits of the petitioner’s application for a writ of habeas corpus. After an examination of the briefs filed by the parties and of the record in this case as well as an examination of the record certified to this Court by the Clerk of the Supreme Court of Michigan in Allen v. Michigan, 364 U. S. 934, we conclude that the petitioner has exhausted state remedies. Cf. Mattox v. Sacks, 369 U. S. 656.
Mr. Justice Frankfurter took no part in the consideration or decision of this case.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Allen v. Bannan, 332 F.2d 399 (6th Cir. 1964)…s denied for failure to exhaust state remedies, and this Court affirmed in an unpublished order. The Supreme Court, in a per curiam decision, vacated the judgment of this Court and remanded the case to the District Court for a hearing on the merits. 370 U.S. 725, 82 S.Ct. 1297, 8 L.Ed.2d 802. After a hearing the District Court again denied the petition for habeas corpus. The District Judge then issued a certificate of probable cause, and the ease is now before us. The District Court found that petitioner…
Authorities Cited
- Berry v. United States, 364 U.S. 934 (U.S. 1961)
- Dickson v. Chavez, 364 U.S. 934 (U.S. 1961)
- Mattox v. Sacks, 369 U.S. 656 (U.S. 1962)