Wooten v. Bomar, 13808.
| Decision Date | 17 June 1959 |
| Docket Number | No. 13808.,13808. |
| Citation | 267 F.2d 900 |
| Parties | Wilson WOOTEN, Appellant, v. Lynn BOMAR, Warden, Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Wilson Wooten, pro se.
Henry C. Foutch, Asst. Atty. Gen., on brief for appellee.
Before McALLISTER and MILLER, Circuit Judges, and CECIL, District Judge.
This is an appeal from the District Court for the Middle District of Tennessee. The appellant made application in that court for a writ of habeas corpus and was denied relief.
The District Judge allowed the petitioner to appeal in forma pauperis, but denied his motion for a certificate of probable cause. For this reason counsel for appellee moved to dismiss. 28 U.S.C. § 2253. Upon the authority of Johnson v. United States, 352 U.S. 565, 77 S.Ct. 550, 1 L.Ed.2d 593, this motion is overruled.
The petitioner seeks to raise a Federal question by reason of the admission of an alleged coerced confession into evidence at the trial.
There seems to be a great misapprehension among prisoners in State penal institutions that a writ of habeas corpus in Federal Courts gives them an opportunity to have a general review of their original trials. This writ, powerful and important as it is, has its limitations. It is available to correct the denial of fundamental constitutional rights, but it may not be used to correct mere irregularities or errors of law. In other words, it may not be used as a substitute for error proceedings. This has been determined many times in this Court. Long v. Benson, 6 Cir., 140 F.2d 195; McCrea v. Jackson, 6 Cir., 148 F.2d 193; Plummer v. State of Ohio, 6 Cir., 195 F.2d 521; Bowman v. Alvis, 6 Cir., 224 F.2d 275; Anderson v. Bannan, 6 Cir., 250 F.2d 654.
The petitioner herein had a review of his case in the Supreme Court of Tennessee. Wooten v. State of Tennessee, Tenn., 314 S.W.2d 1.
According to the opinion of the Supreme Court, this question was passed on by the trial judge. The jury was excused, a hearing had on the question and a ruling made by the trial judge that the confession was voluntary and admissible. The Supreme Court sustained this ruling. It is, therefore, not a proper question to be raised in a habeas corpus proceeding. Thomas v. Arizona, 356 U.S. 390, 78 S.Ct. 885, 2 L.Ed.2d 863.
A further objection to this action in the federal courts is that the petitioner has not exhausted his remedies in the state courts.
"An application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State Court shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State, or that there is either an absence of available State corrective process or the existence of circumstances rendering such process ineffective to...
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