U.S. Court of Appeals for the Fourth Circuit, 1954

United States Ex Rel. Horton v. Skeen

U.S. Court of Appeals for the Fourth Circuit · Decided June 2, 1954 · Parker, Soper, Dobie

213 F.2d 872; 1954 U.S. App. LEXIS 3592 (Federal Reporter, Second Series)

Counsel

Venable Vermont, Spartanburg, S. C. (Court appointed counsel), for appellant., T. D. Kauffelt, Asst. Atty. Gen., of West Virginia (John G. Fox, Atty. Gen., of West Virginia, on brief), for appellee.

Cases that cite this one

1 later published case cites this decision.

Horton v. Skeen (District Court, N.D. West Virginia 1954)

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 dismissing a petition for a writ of habeas corpus. Appellant is imprisoned under the sentence of a state court, imposed upon him when he pleaded guilty to the crime of murder, in a proceeding in which he was represented by counsel of his own choice. The petition was properly dismissed on the ground that appellant had not exhausted state remedies. Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587, 94 L.Ed. 761. If the appeal were properly before us, therefore, the order dismissing the petition would be affirmed. The appeal must be dismissed, however, because appellant has failed to obtain the certificate of probable cause required by 28 U.S.C. § 2253. The judge below properly refused to grant such a certificate and no judge of this court is of opinion that same should be granted.

Appeal dismissed.

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