WILSON

v.

BOLSINGER, PROTHONOTARY, ET AL.

Citator

Cited By

• Brown v. Cuyler, 669 F.2d 155 (3d Cir. 1982)
  …in the courts of the State.” 28 U.S.C. § 2254 (1976). The requirement is not jurisdictional, but is rooted in the policy of federal-state comity. See, e.g. United States ex rel. Speaks v. Brierley, 417 F. 2d 597, 600 (3d Cir. 1969), cert. denied, 397 U.S. 1051, 90 S.Ct. 1388, 25 L.Ed.2d 665 (1970). It represents “an accommodation of our federal system designed to give the State the initial ‘opportunity to pass upon and correct’ alleged violations of its prisoners’ federal rights.” Wilwording v. Swenson,…
• United States v. Taylor, 841 F.2d 1300 (7th Cir. 1988)
  …shes between the rendition and the entry of judgment. See People v. Redman, 122 Ill.App.3d 787, 462 N.E. 2d 21, 24, 78 Ill.Dec. 305, 308 (1984); Freeman on Judgments §§ 46-49 (1925). Cf. Speaks v. Brierley, 417 F. 2d 597 (3d Cir.1969), cert. denied, 397 U.S. 1051, 90 S.Ct. 1388, 25 L.Ed.2d 665 (1970) (policy in favor of maintaining the integrity of written record against subsequent oral inquiry into its meaning); Wigmore on Evidence § 2450 (integration of judicial records compulsory). It is the rendition of…
• Beshaw v. Fenton, 635 F.2d 239 (3d Cir. 1980)
  …deviate from it in those cases where justice so requires. Ballard v. Maggio, 544 F. 2d 1247 (5th Cir. 1977); U. S. ex rel. Graham v. Mancusi, 457 F. 2d 463 (2d Cir. 1972); U. S. ex rel. Speaks v. Brierley, 417 F. 2d 597 (3d Cir. 1969), cert. denied, 397 U.S. 1051, 90 S.Ct. 1388, 25 L.Ed.2d 665 (1970). Even assuming that Beshaw was in state custody at the time he filed his petition, the circumstances of this case suggest that discretionary suspension of the exhaustion requirement would be appropriate. Beshaw’…