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· 5/19/1975

Pitchess v. Davis

Citations

  • 421 U.S. 482
  • 95 S. Ct. 1748
  • 44 L. Ed. 2d 317
  • 1975 U.S. LEXIS 64
  • 20 Fed. R. Serv. 2d 276

How courts have described this case

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

  • holding that \even if Rule 60(b) could be read to apply to this situation [— reopening a judgment in a habeas case —] it could not alter the statutory command\
  • petitioner’s claim of unfairness in re-trial due to the unavailability of evidence should have been first raised and exhausted in the state courts
  • writ of prohibition presented to appeals court does not suffice to demonstrate exhaustion for habeas corpus relief
  • motion to California Supreme Court for pretrial writ of prohibition does not exhaust state remedies because not an adjudication on the merits and full post-trial appellate review is available after conviction, citing Medina
  • district court could clarify whether the unconditional writ permitted retrial

Source: CourtListener parenthetical corpus (CC0).

Judges: Douglas

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.