U.S. Court of Appeals for the Sixth Circuit, 1942

Sharpe v. Buchanan

U.S. Court of Appeals for the Sixth Circuit · Decided October 14, 1942 · Hicks, Martin, Simons

133 F.2d 100; 1942 U.S. App. LEXIS 2458 (Federal Reporter, Second Series)

Counsel

Henry S. McGuire, of Lexington, Ky., for appellant Sharpe., Hubert Meredith, Atty. Gen., and W. Owen Keller, Asst. Atty. Gen., both of Frankfort, Ky., for appellee.

Cases that cite this one

1 later published case cites this decision.

Dawsett v. Benson (6th Cir. 1946)

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 of the Court

PER CURIAM.

This cause is again before the court upon the appellant’s petition for rehearing on his petition for appeal from a judgment of the District Court denying his petition for writ of habeas corpus, the original petition of the appellant having been denied by us in an order filed June 6, 1941, 6 Cir., 121 F.2d 448, and

*101It appearing that the appellant has not yet exhausted his remedies under Kentucky law, and that this court is without warrant to assume that the Kentucky Court of Appeals will delay decision on his appeal thereto until the appellant will be deprived of witnesses vital to his defense, as now by him alleged,

It is ordered that the petition for rehearing be and it is hereby denied upon the grounds and for the reasons set forth in the June 6, 1941 order of this court.

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