Howard E. Leigh v. R. J. Gaffney, Warden, Kansas State Penitentiary, Lansing, Kansas
Cases that cite this one
1 later published case cites this decision.
- Roynell Joshua v. The United States, on Motion (Fed. Cir. 1994)
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
Leigh was notified that the court was considering summary affirmance and appellee thereafter filed a motion to affirm. Leigh was afforded an opportunity to file a memorandum addressing the merits of the cause and opposing summary affirmance, which he has done. He has also filed a motion for appointment of counsel and for oral argument. These motions are denied.
From examination of the file and record in this case, it is manifest that the' single question presented, the necessity that Leigh first exhaust available state remedies before seeking federal habeas relief, is so unsubstantial as not to warrant further argument.
Accordingly, the motion of appellee is granted and the judgment of the district court is affirmed for the reasons stated in the Memorandum and Order of the district court, 318 F.Supp. 85 (D.Kan. 1970).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.