MATTER OF KRAVITZ
| Decision Date | 18 March 1966 |
| Docket Number | No. 15635.,15635. |
| Citation | 358 F.2d 734 |
| Parties | In the Matter of Ethel KRAVITZ on habeas corpus. Ethel Kravitz, Appellant. |
| Court | U.S. Court of Appeals — Third Circuit |
Desmond J. McTighe, Norristown, Pa., for appellant.
L. Francis Murphy, Asst. Dist. Atty., Norristown, Pa., Richard A. Devlin, Asst. Dist. Atty., Richard S. Lowe, Dist. Atty., Norristown, Pa., for appellee.
Before HASTIE and SMITH, Circuit Judges, and KIRKPATRICK, District Judge.
This appeal by a state prisoner from the district court's denial of her petition for a writ of habeas corpus challenges her conviction on several grounds. In our view all of appellant's contentions except one are clearly without merit. The one contention that causes us concern is that damaging statements, used at the trial, were obtained from the accused by a police officer during an interrogation at the police station after suspicion had focused upon her as the probable killer without advising her that she was privileged to remain silent or to have counsel before answering questions. However, it is clear that this contention has not been urged, by collateral attack upon her conviction or in any other way, before an appropriate state court. Until the state courts have had an opportunity to consider and pass upon this issue, we will not do so.
Upon this issue, the judgment of the district court will be affirmed because of the failure of the appellant to exhaust state remedies. As concerns all other points, the judgment will be affirmed on the merits.
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Kravitz v. Commonwealth of Pennsylvania, s. 76-1390
...pursuant to 28 U.S.C. §§ 2241 and 2254. That court denied her petition and the denial was affirmed by this court. In the Matter of Ethel Kravitz, 358 F.2d 734 (3d Cir. 1966). 1 In affirming, this court noted that all the contentions but one were devoid of merit. That issue involved the clai......
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In re Kravitz
...of this claim on the ground that the PCHA seemed to offer a state judicial forum for its adjudication. See In re Kravitz, 358 F.2d 734, 735 (3d Cir. 1966) (per curiam). Petitioner's subsequent bid to seek state judicial review of the merits of her claim was rejected without a hearing on the......
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In re Kravitz, H.C. 635.
...the Pennsylvania Post Conviction Hearing Act13 seemed to offer a state judicial forum for its adjudication.14 See In re Kravitz, 358 F.2d 734, 735 (3d Cir. 1966) (per curiam). Petitioner's subsequent bid to seek state judicial review of the voluntariness of the incriminating statements was ......
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Commonwealth v. Kravitz
...of appellant's federal petition for a writ of habeas corpus was affirmed by the Court of Appeals for the Third Circuit. In re Kravitz, 358 F.2d 734 (3d Cir. 1966). That decision has no bearing on the present appeal. The Circuit affirmed the denial of the habeas petition on the Sole ground t......