Murphy v. Wilson
| Decision Date | 25 March 1969 |
| Docket Number | No. 22686.,22686. |
| Citation | 409 F.2d 840 |
| Parties | Murray Arthur Anthony MURPHY, Appellant, v. Lawrence E. WILSON, Warden, State of California, et al., Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Murray A. A. Murphy, in pro. per.
Thomas C. Lynch, Atty. Gen., San Francisco, Cal., for appellees.
Before HAMLEY, HAMLIN and HUFSTEDLER, Circuit Judges.
Murray A. A. Murphy appeals from a district court order denying, without prejudice, his application for a writ of habeas corpus. Murphy asserts that in connection with his conviction of burglary by a California court on May 19, 1965, his constitutional rights were violated.
At the time Murphy applied for a writ of habeas corpus his appeal from the 1965 state conviction was pending in the California Court of Appeal. Murphy alleged, however, that he was being deprived of a complete record necessary to prosecute that appeal. He accordingly asked that the federal habeas corpus proceeding serve as a "full replacement" of the state appeal, and that a complete record on appeal be provided, and for related relief.
The trial court correctly denied the application for a writ since Murphy had not exhausted his available state remedies. He will not have exhausted his available state remedies until the state appeal proceedings have been completed and a final state judgment has been entered. Federal habeas corpus does not afford a means of transferring pending state criminal proceedings to a federal court.
Affirmed.
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Roberts v. Dicarlo, CV 03-6740 GAF (FMO).
...even where the issue to be challenged in the writ of habeas corpus has been finally settled in the state courts."); Murphy v. Wilson, 409 F.2d 840, 841 (9th Cir.1969) (exhaustion requirement not satisfied until the state appeal proceedings have been completed and a final state judgment has ......
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Espinoza v. Montgomery
...S216994. Therefore, Respondent also argues that Petitioner's claims are unexhausted. Dkt. 7 at 3 footnote 1 (citing Murphy v. Wilson, 409 F.2d 840, 841 (9th Cir.1969) (exhaustion requirement not satisfied until the state appeal proceedings have been completed and a final state judgment has ......
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Kindred v. Cal. Superior Court, Case No. SACV 12-2116-ABC (RNB)
...F.2d at 765 (exhaustion of federal issue insufficient if criminal proceedings through direct appeal not yet complete); Murphy v. Wilson, 409 F.2d 840, 841 (9th Cir. 1969) (exhaustion requirement not satisfied until the state appeal proceedings have beencompleted and a final state judgment h......
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Romprey v. Swenson, Civ. A. No. 19196-3.
...Court. During the pendency of that appeal, this Court should not consider the merits of petitioner's other contentions. Murphy v. Wilson (C.A.9) 409 F.2d 840. Petitioner should therefore continue to prosecute his appeal in the Missouri Supreme Court. In the absence of exceptional circumstan......