William R. Bell v. Commonwealth of Virginia
Cases that cite this one
4 later published cases cite this decision.
- Mason McCoy v. E. H. Tucker, Warden, West Virginia State Penitentiary (4th Cir. 1958)
- Richard Edward Madison v. Ralph H. Tahash, Warden Minnesota State Prison (8th Cir. 1966)
- Benjamin F. Plater v. Warden, Maryland House of Correction (4th Cir. 1958)
- William H. Jackson v. William F. Steiner, Warden, Maryland House of Correction (4th Cir. 1958)
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
This is an appeal from an order denying a petition for a writ of habeas corpus. Appellant was apprehended in Virginia on a warrant charging him with being a fugitive from justice. This warrant was subsequently dismissed for lack of prosecution; but appellant was taken into custody and transported into the state of Maryland as a violator of parole. While in custody in Virginia, he filed with the court below an application for a writ of habeas corpus, but before the application came on for consideration he had been transported into Maryland. The District Judge properly denied the application because state remedies had not been exhausted as required by 28 U.S.C. § 2254. We have no jurisdiction to entertain the appeal for failure of appellant to obtain the certificate of probable cause required by 28 U.S.C. § 2253; and, as state remedies had not been exhausted at the time of application for the writ, no such certificate would be proper.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.