U.S. Court of Appeals for the Tenth Circuit, 1956

David H. Johnson v. Marcell Graham, Warden of the Utah State Prison

U.S. Court of Appeals for the Tenth Circuit · Decided November 23, 1956 · Phillips, Murrah, Lewis

238 F.2d 782; 1956 U.S. App. LEXIS 4097 (Federal Reporter, Second Series)

Counsel

Dorothy E. Binder, Denver, Colo., for appellant., Walter L. Budge, Asst. Atty. Gen., State of Utah (E. R. Callister, Atty. Gen., State of Utah, on the brief), for appellee.

Cases that cite this one

1 later published case cites this decision.

In re Dandridge (District Court, D. New Jersey 1960)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This is an appeal from an order denying a petition for a writ of habeas corpus. Johnson, the applicant for the writ, sought discharge from confinement in the Utah State Prison, under a judgment of conviction for the offense of murder by a state court of Utah.

The only allegation in the petition, with respect to the exhaustion by Johnson of his remedies in the state courts of Utah, reads as follows: “Petitioner .claims that he has exhausted remedy in the courts of the State of Utah.”

At the oral argument it was conceded that Johnson had not filed a petition for • certiorari in the Supreme Court of the United States, seeking review of any decision by a Utah court.

We conclude that there was no sufficient allegation or showing that Johnson had exhausted his state remedies. 1

It follows that the order below must :be and it is affirmed.

. Wild v. State of Oklahoma, 10 Cir., 187 F.2d 409, 410; Thompson v. Overlade, 7 Cir., 216 F.2d 492, 493.

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