Sharpe v. Buchanan, 8909.
| Citation | 133 F.2d 100 |
| Decision Date | 14 October 1942 |
| Docket Number | No. 8909.,8909. |
| Parties | SHARPE v. BUCHANAN, Warden. |
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
Henry S. McGuire, of Lexington, Ky., for appellant Sharpe.
Hubert Meredith, Atty. Gen., and W. Owen Keller, Asst. Atty. Gen., both of Frankfort, Ky., for appellee.
Before HICKS, SIMONS, and MARTIN, Circuit Judges.
This cause is again before the court upon the appellant's petition for rehearing on his petition for appeal from a judgment of the District Court denying his petition for writ of habeas corpus, the original petition of the appellant having been denied by us in an order filed June 6, 1941, 6 Cir., 121 F.2d 448, and It appearing that the appellant has not yet exhausted his remedies under Kentucky law, and that this court is without warrant to assume that the Kentucky Court of Appeals will delay decision on his appeal thereto until the appellant will be deprived of witnesses vital to his defense, as now by him alleged,
It is ordered that the petition for rehearing be and it is hereby denied upon the grounds and for the reasons set forth in the June 6, 1941 order of this court.
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Dawsett v. Benson, 10206.
...decisions in the Sharpe case: Ex Parte Sharpe, D.C., 36 F.Supp. 386; Sharpe v. Buchanan, 6 Cir., 121 F.2d 448, rehearing denied, 6 Cir., 133 F.2d 100; Sharpe v. Commonwealth, 284 Ky. 88, 143 S.W.2d 857; Sharpe v. Commonwealth, 292 Ky. 86, 165 S.W.2d 993; Sharpe v. Commonwealth, 6 Cir., 135 ......
- Stephan v. United States
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Sharpe v. Buchanan
...Court of Appeals. Sharpe v. Commonwealth, 284 Ky. 88, 143 S.W.2d 857. The circuit court of appeals denied a petition for rehearing, 133 F.2d 100, when it appeared that an application for habeas corpus, filed in a state court after the circuit court of appeals had rendered its judgment, was ......