Allen v. Smyth

Fourth Circuit Court of Appeals

Argued May 31, 1954.

Decided June 2, 1954.

Fourth Circuit Court of Appeals · decided 1954-06-02

Cited by 5 later decisions — most recently October 1958

5 federal appellate ·

2 counsel of record

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

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1954-06-02

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¶1Venable Vermont, Spartanburg, S. C., for appellant.

¶2Thomas M. Miller, Asst. Atty. Gen., of Virginia (J. Lindsay Almond, Jr., Atty. Gen., of Virginia, on brief), for appellee.

¶3Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

¶4PER CURIAM.

¶5 This is an appeal from an order denying an application for a writ of habeas corpus by a prisoner held under the judgment and sentence of a state court. Appellant has failed to exhaust his remedies under state law and the order of the court below would be affirmed on that ground if the appeal were properly before us. Appellant has failed, however, to secure the certificate of probable cause required by 28 U.S.C. § 2253 as prerequisite to appeal and no judge of this court is of opinion that such certificate should be issued.

¶6Appeal dismissed.