U.S. Court of Appeals for the Fourth Circuit, 1950

Tann v. Smyth

U.S. Court of Appeals for the Fourth Circuit · Decided June 14, 1950 · Parker, Dobie, Wyche

182 F.2d 939; 1950 U.S. App. LEXIS 2884 (Federal Reporter, Second Series)

Counsel

Keystone Tann, pro se., Frederick T. Gray, Assistant Attorney General of Virginia (J. Lindsay Almond, Jr., Attorney General of Virginia, on the brief), for appellee.

Cases that cite this one

4 later published cases cite this decision.

Baker v. Ellis, General Manager, Texas Prison System (5th Cir. 1953)
Harrison v. Skeen (District Court, N.D. West Virginia 1953)
Lyle v. Eidson, Warden (8th Cir. 1952)
Dean v. State of Ohio (District Court, N.D. West Virginia 1952)

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 the denial of the writ of habeas corpus to a prisoner held in custody under the judgment of a court of the state of Virginia. It does not appear that appellant has any merit in his petition or that he has exhausted his remedies under state law as required by 28 U.S. C.A. § 2254. Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587. The order of the court below would be affirmed, therefore, if the appeal were properly before us. It is not properly before us, however, because not supported by a certificate of probable cause as required by 28 U.S.C.A. § 2253 and must accordingly be dismissed. Bernard v. Brady, 4 Cir., 164 F.2d 881.

Appeal dismissed.

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