· 6/4/1991
United States v. Gerald D. Castor
Citations
- 937 F.2d 293
- 1991 U.S. App. LEXIS 11305
- 1991 WL 91737
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that “federal courts . . . may require, as a matter of comity, that such [state pretrial] detainees exhaust all avenues of state relief before seeking the writ”
- stating that while § 2241 applicants are not subject to the statutory requirement of exhaustion of remedies, “federal courts nevertheless may require, as a matter of comity, that such detainees exhaust all avenues of state relief before seeking the writ”
- stating that while § 2241 applicants are not subject to the statutory requirement of exhaustion of remedies, “federal courts nevertheless may require, as a matter of comity, that such detainees exhaust all avenues of state relief before seeking the writ”
- reviewing de novo a district court’s determina- tion regarding exhaustion in the context of a habeas petition brought under 28 U.S.C. § 2241(c)(3)
- “Whatever the contours of [the claim-of-right] defense may be, they do not reach extortions based on threats of physical violence outside the labor context.”
- “[F]ederal courts nevertheless may require, as a matter of comity, that [pretrial] detainees exhaust all avenues of state relief before seeking the writ.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cudahy, Flaum, Manion
Read full opinion on CourtListenerSourced 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.