· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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