Revty v. Commonwealth
Revty v. Commonwealth
Opinion of the Court
MEMORANDUM AND ORDER
Peter B. Revty, an untried prisoner of the Commonwealth of Pennsylvania, has filed two in forma pauperis petitions requesting, respectively, habeas corpus relief and removal of his pending state charges to this court. The petitions will be denied.
Petitioner’s habeas corpus application is based upon a claim that he is being detained in state custody under excessive bail.
Federal habeas corpus relief is only an appropriate remedy from excessive bail set in state criminal proceedings when a petitioner has exhausted all his available state remedies.
Petitioner’s application for removal of the pending charges before the state court is based upon conclusory allegations that he is being unlawfully detained, denied competent assistance of counsel, and denied bail.
. It is also alleged that petitioner has been the victim of an illegal arrest and search; that he has not been permitted to state an alibi; and that he is innocent. These contentions, insofar as they may eventually be grounds for relief in either state or federal proceedings, are premature and cannot be considered by this court at this time. Drury v. Cox, 457 F.2d 764 (9th Cir. 1972).
. For cases -where state remedies have been exhausted and the issue considered see: Mastrian v. Hedman, 326 F.2d 708 (8th Cir. 1964); United States ex rel. Keating v. Bensinger, 322 F.Supp. 784 (N.D.Ill. 1971); Wansley v. Wilkerson, 263 F.Supp. 54 (W.D.Va. 1967).
. Rule 4005, Pennsylvania Rules of Criminal Procedure, 19 P.S. Appendix provides in pertinent part:
“(b) A court may, for cause, increase or reduce the amount of bail or require new or additional bail.”
. While petitioner does not specifically cite statutory authority for removal of a state criminal action, we presume 28 U.S.C. § 1443(1) is his basis.
Reference
- Full Case Name
- Peter B. REVTY v. COMMONWEALTH OF PENNSYLVANIA
- Status
- Published