Tooten v. Shevin
Tooten v. Shevin
Opinion of the Court
Today we must decide whether a pretrial application for a writ of prohibition addressed to a state supreme court satisfies the exhaustion requirement which is a prerequisite before seeking
Beatrice Tooten, a non-physician, is charged under the Florida abortion statute
On this appeal she argues that she has properly presented Florida’s highest state court with an opportunity to pass upon her claim, and thus she has exhausted her state remedies. The federal district court rejected her exhaustion contention and suggested that she allow the Florida state courts a chance to consider her arguments during the trial and appellate process. We affirm.
Although federal courts have the power to release state prisoners before trial, the exhaustion requirement must be fulfilled.
First, exhaustion preserves the role of the state courts in the application and enforcement of federal law. Early federal intervention in state criminal proceedings would tend to remove federal questions from the state courts, isolate those courts from constitutional issues, and thereby remove their understanding of and hospitality to federally protected interests. Second, exhaustion preserves orderly administration of state judicial business, preventing the interruption of state adjudication by federal habeas proceedings. It is important that petitioners*176 reach state appellate courts, which can develop and correct errors of state and federal law and most effectively supervise and impose uniformity on trial courts.8
These fundamental interests underlying the exhaustion doctrine are satisfied by giving the state an initial opportunity to pass upon and correct alleged violations of its prisoners’ federal rights.
The appellant contends that a direct appeal cannot vindicate her federal rights because she claims a right to freedom from an unconstitutional prosecution and the subjection to the rigors of a criminal trial. To support this position she relies again on Fain v. Duff. There the court noted that Fain was not merely asserting a federal defense to a state prosecution. Rather he was asserting a double jeopardy claim, and that is a right to be free from a second prosecution, not merely a second punishment. This distinction provided further support for the Fain decision, but there the petitioner was entitled to a pretrial writ of habeas corpus not only because the claim was double jeopardy but also because he had exhausted his state remedies.
Interruption of the state proceedings in the present case would seem to frustrate the very policies upon which the exhaustion doctrine is based.
Challenging the constitutionality of the Florida statute appears to be merely a classic example of a federal defense to a state prosecution. Federal habeas corpus does not lie, absent special circumstances, to adjudicate the merits
Federal habeas corpus should not be used as a “pretrial motion forum for state prisoners.”
Affirmed.
. A prejudgment petition for a writ of habeas corpus is filed pursuant to 28 U.S.C. § 2241. Prisoners in custody pursuant to the judgment of a state court file habeas corpus petitions pursuant to 28 U.S.C. § 2254.
. F.S.A. § 458.22(2).
. As a basis for her constitutional attack the appellant relied on Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973) ; Doe v. Bolton, 410 U.S. 179, 93 S.Ct. 739, 35 L.Ed.2d 201 (1973) ; and a three-judge court decision dealing specifically with the Florida statute, Coe v. Gerstein, 376 F.Supp. 695 (S.D.Fla. 1973) [No. 72-1842-CIV-JE, August 13, 1973],
. See Van Cott v. Driver, 243 So.2d 457 (Fla. App.2d Dist. 1971) reversed on other grounds, 257 So.2d 541 (Fla. 1971). Van Cott stated, “Prohibition will also lie where jurisdiction was never conferred because the statute was void for being unconstitutional.”
. Florida Appellate Rule 4.5(d) (2), 32 F.S.A. provides:
d. Prohibition
(2) Issuance of Rule. If the suggestion makes a prima facie case the Court will issue a rule directing the inferior court to show cause on a day certain why the writ as prayed for should not issue; and such rule shall operate as a supersedeas when the same has been issued and notice thereof given to respondent.
On May 23, 1973 the appellant’s suggestion for a writ was denied without the issuance of a rule to show cause.
. Braden v. Judicial Circuit Court of Kentucky, 410 U.S. 484, 93 S.Ct. 1123, 35 L.Ed. 2d 443 (1973) ; Fain v. Duff, 488 F.2d 218 (5th Cir. 1973). See also Ex parte Royall, 117 U.S. 241, 6 S.Ct. 734, 29 L.Ed. 868 (1886).
. The rule is not a limitation on federal power but merely an expression of federal policy. See Fay v. Noia, 372 U.S. 391, 420, 83 S.Ct. 822, 9 L.Ed.2d 837, 858 (1963). The exhaustion requirement has been codified specifically in 28 U.S.C.A. § 2254(b), however, it applies to habeas corpus petitions under all sections. Fain v. Duff, 488 F.2d 218 (5th Cir. 1973).
. Note, Developments in the Law — Federal Habeas Corpus, 83 Harv.L.Rev. 1038, 1094 (1970), quoted with approval in Braden v. Judicial Circuit Court of Kentucky, 410 U.S. 484, 93 S.Ct. 1123, 35 L.Ed.2d 443, 450 (1973).
. Wilwording v. Swenson, 404 U.S. 249, 92 S.Ct. 407, 30 L.Ed.2d 418 (1971).
. 488 F.2d 218 (5th Cir. 1973).
. The state trial court dismissed the indictment against Fain prior to trial. On the state’s appeal an intermediate appellate court reversed. The Florida Supreme Court affirmed the appellate court in a per curiam opinion. See R. E. F. v. State, 265 So.2d 701 (Fla. 1972).
. See text accompanying footnote 8, supra.
. 410 U.S. 484, 93 S.Ct. 1123, 35 L.Ed.2d 443 (1973).
. Braden v. Judicial Circuit Court of Kentucky, 410 U.S. 484, 93 S.Ct. 1123, 35 L.Ed. 2d 443, 449 (1973).
. See note 3, supra.
. In his dissent in Braden v. Judicial Circuit Court of Kentucky, 410 U.S. 484, 508, 93 S.Ct. 1123, 1136, 35 L.Ed.2d 443, 456 (1973), Justice Rehnquist states that the situations in which pretrial habeas “is justified involve the lack of jurisdiction, under the Supremacy Clause, for the State to bring any criminal charges against the petitioner.” (emphasis added).
. Samuels v. Mackell, 401 U.S. 66, 91 S.Ct. 764, 27 L.Ed.2d 688 (1971).
. Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971).
. Braden v. Judicial Circuit Court of Kentucky, 410 U.S. 484, 508, 93 S.Ct. 1123, 1136, 35 L.Ed.2d 443, 451 (1973).
Reference
- Full Case Name
- Beatrice TOOTEN v. Robert L. SHEVIN, Attorney General, State of Florida, and Reubin O'D. Askew, Governor, and the State of Florida
- Cited By
- 22 cases
- Status
- Published