Murray Arthur Anthony Murphy v. Lawrence E. Wilson, Warden, State of California
Cases that cite this one
8 later published cases cite this decision.
- Espinoza v. Montgomery (United States District Court for the Northern District of California 2015)
- Ballester v. Hallahan (United States District Court for the Southern District of California 2025)
- Roberts v. DiCarlo (United States District Court for the Central District of California 2003)
- Caffey v. Swenson (District Court, W.D. Missouri 1971)
- Romprey v. Swenson (District Court, W.D. Missouri 1971)
- United States v. Noah Grimes (5th Cir. 1970)
- Roger Marvin Williams v. Louis S. Nelson, Warden of San Quentin State Prison, and the People of the State of California (9th Cir. 1970)
- Simpson v. Spice (District Court, E.D. Wisconsin 1970)
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
Murray A. A. Murphy appeals from a district court order denying, without prejudice, his application for a writ of habeas corpus. Murphy asserts that in connection with his conviction of burglary by a California' court on May 19, 1965, his constitutional rights were violated.
At the time Murphy applied for a writ of habeas corpus his appeal from the 1965 state conviction was pending in the California Court of Appeal. Murphy alleged, however, that he was being deprived of a complete record necessary to prosecute that appeal. He accordingly asked that the federal habeas corpus proceeding serve as a “full replacement” of the state appeal, and that a complete record on appeal be provided, and for related relief.
*841 The trial court correctly denied the application for a writ since Murphy had not exhausted his available state remedies. He will not have exhausted his available state remedies until the state appeal proceedings have been completed and a final state judgment has been entered. Federal habeas corpus does not afford a means of transferring pending state criminal proceedings to a federal court.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.