Tann v. Smyth

Fourth Circuit Court of Appeals

Argued June 12, 1950.

Decided June 14, 1950.

Fourth Circuit Court of Appeals · decided 1950-06-14

Cited by 7 later decisions — most recently August 1953

5 federal appellate ·

2 counsel of record

Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Darr v. Burford · Bernard v. Brady

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1950-06-14

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¶1Keystone Tann, pro se.

¶2Frederick T. Gray, Assistant Attorney General of Virginia (J. Lindsay Almond, Jr., Attorney General of Virginia, on the brief), for appellee.

¶3Before PARKER, Chief Judge, DOBIE, Circuit Judge, and WYCHE, District Judge.

¶4PER CURIAM.

¶5This is an appeal from the denial of the writ of habeas corpus to a prisoner held in custody under the judgment of a court of the state of Virginia. It does not appear that appellant has any merit in his petition or that he has exhausted his remedies under state law as required by 28 U.S. C.A. § 2254. Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587. The order of the court below would be affirmed, therefore, if the appeal were properly before us. It is not properly before us, however, because not supported by a certificate of probable cause as required by 28 U.S.C.A. § 2253 and must accordingly be dismissed. Bernard v. Brady, 4 Cir., 164 F.2d 881.

¶6Appeal dismissed.