Kessinger v. Page

Third Circuit Court of Appeals

December 8, 1966.

Third Circuit Court of Appeals · decided 1966-12-08

2 counsel of record

Relies on Jones v. United States · United States v. Ventresca · Draper v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1966-12-08

How this case has been cited

Cited by 67 later decisions (2 by the Supreme Court) — most recently January 2000 · most notably United States v. Giordano (1974), James v. United States (1969)

28 federal appellate · 4 district · 25 state decisions — followed in 16 states

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Thomas A. Bamberger, Oklahoma City, Okl., for appellant.

Charles L. Owens, Asst. Atty. Gen. (Charles Nesbitt, Atty. Gen. of Oklahoma, was with him on the brief), for appellees.

Before BREITENSTEIN and SETH, Circuit Judges, and KERR, District Judge.

PER CURIAM.

¶1

The district court denied habeas corpus relief to appellant Kessinger, a prisoner in the Oklahoma penitentiary, on the ground that he had not exhausted his state remedies as required by 28 U.S.C. § 2254. The record shows that appellant has appealed to the Oklahoma Court of Criminal Appeals from his state conviction and that the appeal is pending and undecided. In such circumstances, he has not exhausted his available remedies in state courts. Lee v. State of Kansas, 10 Cir., 346 F.2d 48. The various claims that he makes can and should be decided in the Oklahoma courts. Nothing is presented to show that the state remedy is ineffective or inadequate.

¶2

Affirmed.