U.S. Court of Appeals for the Third Circuit, 1970

United States of America Ex Rel. Charles George Herwegh v. Commonwealth of Pennsylvania

U.S. Court of Appeals for the Third Circuit · Decided March 24, 1970 · Kalodner, Van Du-Sen Fullam

423 F.2d 1203; 1970 U.S. App. LEXIS 10159 (Federal Reporter, Second Series)

Counsel

Charles Herwegh, pro se., Norman J. Pine, Dist. Atty., Chester County, West Chester, Pa. (M. Joseph Melody, Asst. Dist. Atty., West Chester, Pa., on the brief), for appellee.

Cases that cite this one

2 later published cases cite this decision.

Moore v. Fulcomer (District Court, E.D. Pennsylvania 1985)
United States Ex Rel. Cunningham v. Cuyler (District Court, E.D. Pennsylvania 1979)

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

OPINION OF THE COURT

PER CURIAM.

The District Court denied without prejudice relator Herwegh’s petition for a writ of habeas corpus on the ground that he had failed to exhaust available state remedies as required by 28 U.S. C.A. § 2254(b), and this appeal followed.

On review of the record the District Court’s Order of November 7, 1968 denying relator’s petition will be affirmed for the reasons so well stated by Judge Weiner in his Memorandum Opinion accompanying his Order of November 25, 1968, 311 F.Supp. 403, denying relator’s petition for reconsideration.

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