Huffman v. State of Missouri, 18199-4.
Decision Date | 04 June 1970 |
Docket Number | No. 18199-4.,18199-4. |
Citation | 313 F. Supp. 730 |
Parties | Jimmy HUFFMAN, Petitioner, v. STATE OF MISSOURI, Respondent. |
Court | U.S. District Court — Western District of Missouri |
Irving Achtenberg, Kansas City, Mo., for petitioner.
Kenneth M. Romines, Asst. Atty. Gen., Jefferson City, Mo., for respondent.
Petitioner is a state prisoner presently confined in the Fordland Honor Camp at Fordland, Missouri. He has filed in forma pauperis a petition for writ of federal habeas corpus challenging his conviction in the Circuit Court of Howell County, Missouri. Leave to proceed in forma pauperis was granted by the Court in an order entered April 9, 1970.
On October 8, 1946, petitioner was sentenced to a term of life imprisonment by the Circuit Court of Howell County, Missouri, following the entry of petitioner's plea of guilty to charges of murder in the first degree. Petitioner did not appeal the judgment of conviction, nor the imposition of sentence. However, on September 9, 1967, petitioner filed in the Circuit Court of Shannon County, Missouri, a motion to vacate sentence under Missouri Supreme Court Rule 27.26, V. A.M.R. In that Rule 27.26 motion, petitioner alleged the following grounds:
Shortly after the filing of petitioner's initial Rule 27.26 motion, petitioner was granted leave by the Circuit Court of Shannon County to amend his motion to allege the following additional grounds:
On February 13, 1968, an evidentiary hearing was held in the Circuit Court of Shannon County, and as a result of the evidentiary findings of that Court, petitioner's motion was denied. An appeal to the Supreme Court of Missouri resulted in an affirmance of the trial court's determination, 451 S.W.2d 21. Petitioner now seeks to raise each of the above contentions for adjudication by this Court through federal habeas corpus proceedings.
Petitioner's petition for writ of federal habeas corpus is, at the present time, premature. In the absence of exceptional circumstances not present herein, a state prisoner must exhaust all currently available state post-conviction remedies before seeking federal habeas corpus relief by way of a petition in this Court. 28 U.S.C. § 2254; Baines v. Swenson, 384 F.2d 621 (8th Cir. 1967); Collins v. Swenson, 384 F.2d 623 (8th Cir. 1967); Hooper v. Nash, 323 F.2d 995 (8th Cir. 1963), cert. den. 376 U.S. 945, 84 S.Ct. 802, 11 L.Ed.2d 768 (1963); White v. Swenson, 261 F.Supp. 42 (W.D.Mo. en banc 1966). And petitioner's state post-conviction remedies are not exhausted until an adverse decision in the Missouri courts has been secured by the petitioner on all of the contentions which he seeks to raise in this Court, or until he has unsuccessfully presented his contentions in those courts. Bosler v. Swenson, 423 F.2d 257 (8th Cir. 1970); Buffalo Chief v. South Dakota, 425 F.2d 271 (8th Cir. 1970); Dixon v. Missouri, 295 F.Supp. 170 (W.D.Mo.1969); Richardson v. Swenson, 293 F.Supp. 275 (W.D.Mo. 1969); Akers v. Swenson, 286 F.Supp. 666 (W.D.Mo.1968); and White v. Swenson, supra. In the present case, petitioner has presented to this Court all of the contentions he initially raised in the Circuit Court of Shannon County through his Rule 27.26 motion. However, the records of petitioner's state post-conviction proceedings clearly reveal that the following issues were not considered by that court in its denial of petitioner's motion: (1) "No legal guardian or ad litem appointed to speak for sixteen year old boy," and (2) "no...
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