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Juliano v. Cardwell

United States Court of Appeals, Sixth Circuit
Oct 29, 1970
432 F.2d 1051 (6th Cir. 1970)

Summary

dismissing petition for failure to exhaust because an appeal from the denial of a post-conviction motion was still pending in the state's supreme court

Summary of this case from Carter v. Rewerts

Opinion

No. 19704.

October 29, 1970.

Charles J. Juliano, in pro. per.

Paul W. Brown, Atty. Gen., Stephen M. Miller, Asst. Atty. Gen., Columbus, Ohio, for appellee on brief.

Before WEICK, EDWARDS and CELEBREZZE, Circuit Judges.


Appellant appeals from denial of his petition for writ of habeas corpus filed in the United States District Court for the Northern District of Ohio, Eastern Division, and denied by the Judge of that court.

The record shows conclusively that the Supreme Court of Ohio has granted defendant leave to appeal from denial of his state court postconviction motion to vacate sentence. His appeal is now pending before that court and the District Judge was clearly correct in holding that appellant had failed to exhaust his state court remedies. 28 U.S.C. § 2254 (Supp. V, 1965-69).

The judgment of the District Court is affirmed.


Summaries of

Juliano v. Cardwell

United States Court of Appeals, Sixth Circuit
Oct 29, 1970
432 F.2d 1051 (6th Cir. 1970)

dismissing petition for failure to exhaust because an appeal from the denial of a post-conviction motion was still pending in the state's supreme court

Summary of this case from Carter v. Rewerts

dismissing petition for failure to exhaust because an appeal from the denial of a post-conviction motion was still pending in the state's supreme court

Summary of this case from Blackshire v. Campbell

dismissing petition for failure to exhaust because an appeal from the denial of a post-conviction motion was still pending in the state's supreme court

Summary of this case from Turner v. Parris

dismissing petition for failure to exhaust because an appeal from the denial of a post-conviction motion was still pending in the state's supreme court

Summary of this case from Brown v. Palmer
Case details for

Juliano v. Cardwell

Case Details

Full title:Charles J. JULIANO, Petitioner-Appellant, v. H.J. CARDWELL, Warden, Ohio…

Court:United States Court of Appeals, Sixth Circuit

Date published: Oct 29, 1970

Citations

432 F.2d 1051 (6th Cir. 1970)

Citing Cases

Vinson v. Wynn

A habeas petition should be denied on exhaustion grounds where a state appeal or post-conviction motion…

Turner v. Parris

Generally, a habeas petition must be denied on exhaustion grounds when an appeal challenging the conviction…