Sharpe v. Buchanan, 8909.
| Decision Date | 06 June 1941 |
| Docket Number | No. 8909.,8909. |
| Citation | 121 F.2d 448 |
| Parties | SHARPE v. BUCHANAN. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Henry S. McGuire, of Lexington, Ky., for appellant.
Hubert Meredith and W. Owen Keller, both of Frankfort, Ky., for appellee.
Before HICKS, SIMONS, and MARTIN, Circuit Judges.
Now, therefore, for the reasons above stated which are fully developed in the well considered opinion of the District Judge, and specifically upon the authority of Mooney v. Holohan, Warden, 294 U.S. 103, 55 S.Ct. 340, 79 L.Ed. 791, 98 A.L.R. 406, expressly holding that a writ of habeas corpus will not lie to attack a State Court judgment in the absence of a showing that such writ has been applied for in the State Court, or that corrective judicial process is not there available, It is ordered that the judgment below be and it is hereby affirmed without prejudice to the appellant's recourse to any state judicial remedy that may still remain open.
It is so ordered.
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Hawk v. Olson
...471; Frach v. Mass, 9 Cir., 106 F.2d 820; Achtien v. Dowd, 7 Cir., 117 F.2d 989, 995; Davis v. Dowd, 7 Cir., 119 F.2d 338; Sharpe v. Buchanan, 6 Cir., 121 F.2d 448; Kramer v. State of Nevada, 9 Cir., 122 F.2d 417; Stonefield v. Buchanan, 6 Cir., 124 F.2d 23; Hogue v. Duffy, 9 Cir., 124 F.2d......
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Anderson v. Buchanan
...testimony. Sharpe resorted to the Federal court and had a hearing (Exparte Sharpe, D.C., 36 F.Supp. 386) and an appeal; Sharpe v. Buchanan 6 Cir., 121 F.2d 448. But was denied him because he had not exhausted his remedies in the State court. He then filed a habeas corpus proceeding in the L......
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Elliott v. Commonwealth of Kentucky
...Court from granting the relief prayed. The Circuit Court of Appeals for this Circuit has twice recently applied the same rule. Sharpe v. Buchanan, 121 F.2d 448; Stonefield v. Buchanan, 124 F.2d Irrespective of the foregoing well established rule which in itself requires a dismissal of the p......
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Dawsett v. Benson, 10206.
...established previous rule. We refer to the following 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,......