321 U.S. 114 (1944), , Ex parte Hawk

Citation:321 U.S. 114, 64 S.Ct. 448, 88 L.Ed. 572
Party Name:Ex parte Hawk No. ___
Case Date:January 31, 1944
Court:United States Supreme Court
 
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321 U.S. 114 (1944)

64 S.Ct. 448, 88 L.Ed. 572

Ex parte Hawk

No. ___

United States Supreme Court

Jan. 31, 1944

MOTION FOR LEAVE TO FILE PETITION

FOR WRIT OF HABEAS CORPUS

Syllabus

1. Since it does not appear that the applicant for habeas corpus, confined under sentence of a state court, has exhausted his remedies under the state law, the application is denied without prejudice. P. 118.

2. Where resort to state court remedies has failed to afford to a petitioner for habeas corpus a full and fair adjudication of the federal questions raised, either because the State affords no remedy or because, in the particular case, the remedy afforded proves in practice unavailable or seriously inadequate, a federal court should entertain the petition; but, in such case, the petitioner should proceed in the federal district court before resorting to this Court. P. 118.

3. The statement often made that federal courts will interfere with the administration of justice in the state courts only "in rare cases where exceptional circumstances of peculiar urgency are shown to exist" is inapplicable where the petitioner for habeas corpus has exhausted his state remedies and makes a substantial showing of denial of federal right. P. 117.

Application denied.

Per curiam opinion.

PER CURIAM.

This case comes here on petitioner's application for leave to file in this Court his petition for writ of habeas corpus. Petitioner is confined in the Nebraska State Penitentiary under sentence for murder imposed by the Nebraska District Court.

His present proceeding has been prefaced by several earlier applications to both state and federal courts. His petition for habeas corpus was denied without a hearing

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by the Nebraska District Court, whose decision was affirmed by the Nebraska Supreme Court, Hawk v. O'Grady, 137 Neb. 639, 290 N.W. 911. This Court denied certiorari, 311 U.S. 645. Petitioner then filed in the United States District Court for Nebraska a petition for habeas corpus, alleging matters not previously brought to the attention of the state courts. This application was denied without a hearing, and the Circuit Court of Appeals for the Eighth Circuit affirmed on the ground that petitioner had not exhausted his state remedies, Hawk v. Olson, 130 F.2d 910. We denied certiorari. 317 U.S. 697. Petitioner then urged his present contentions upon the Nebraska Supreme Court in a petition for writ of...

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