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· 4/16/1971

Linver Jenkins v. Preston L. Fitzberger, Warden

Citations

  • 440 F.2d 1188
  • 1971 U.S. App. LEXIS 10674

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “[s]ince the denial of a writ of habeas corpus by a Maryland trial court is not normally appealable, and since the [UPPA] does provide for appeal, an action for state habeas is not sufficient to exhaust available state court remedies in Maryland”
  • State attorney-general requested federal court to reach merits of petition notwithstanding petitioner’s failure to exhaust State remedies where petitioner’s claims were meritless
  • state attorney general requested federal district court to reach merits of petition, notwithstanding petitioner’s failure to exhaust state remedies, on ground that contentions were patently meritless
  • “[A]n action for state habeas is not sufficient to exhaust available state court remedies in Maryland.”
  • state’s waiver operative in interest of justice and expedition

Source: CourtListener parenthetical corpus (CC0).

Judges: Bryan, Craven, Per Curiam, Winter

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.