409 F.2d 840 - Murphy v. Wilson — 409 F.2d 840

How this case has been cited

Cited by 10 later decisions — most recently May 2015

5 federal appellate ·

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.

Murray A. A. Murphy, in pro. per.

Thomas C. Lynch, Atty. Gen., San Francisco, Cal., for appellees.

Before HAMLEY, HAMLIN and HUFSTEDLER, Circuit Judges.

PER CURIAM:

¶1

Murray A. A. Murphy appeals from a district court order denying, without prejudice, his application for a writ of habeas corpus. Murphy asserts that in connection with his conviction of burglary by a California court on May 19, 1965, his constitutional rights were violated.

¶2

At the time Murphy applied for a writ of habeas corpus his appeal from the 1965 state conviction was pending in the California Court of Appeal. Murphy alleged, however, that he was being deprived of a complete record necessary to prosecute that appeal. He accordingly asked that the federal habeas corpus proceeding serve as a "full replacement" of the state appeal, and that a complete record on appeal be provided, and for related relief.

¶3

The trial court correctly denied the application for a writ since Murphy had not exhausted his available state remedies. He will not have exhausted his available state remedies until the state appeal proceedings have been completed and a final state judgment has been entered. Federal habeas corpus does not afford a means of transferring pending state criminal proceedings to a federal court.

¶4

Affirmed.