Kenneth Sailer v. Walter E. Craven, Warden

Ninth Circuit Court of Appeals

May 22, 1972.

Ninth Circuit Court of Appeals · decided 1972-05-22

Cited by 3 later decisions — most recently June 1972

3 federal appellate ·

2 counsel of record

Applies 18 U.S.C. § 871 (Presidential Threat Protection Act of 2000)

Relies on Roy v. United States · United States v. Hart · United States v. Melendy

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1972-05-22

View the full empirical analysis of this case →

Lawrence J. Koncz, San Francisco, Cal., for petitioner-appellant.

Evelle J. Younger, Atty. Gen., Edward T. Fogel, Jr., Russell Iungerich, Deputy Attys. Gen., Doris H. Maier, Herbert L. Ashby, Asst. Attys. Gen., Los Angeles, Cal., for respondent-appellee.

Before CHAMBERS, ELY and HUFSTEDLER, Circuit Judges.

PER CURIAM:

¶1

In this state habeas corpus case, the district court dismissed the petition for failure to exhaust state remedies.

¶2

Thereupon, Sailer took this federal appeal. Also, he went back to the state court where he obtained no relief. The appellee concedes that he has now exhausted his state remedies and that the federal constitutional issues are presented for consideration in a new habeas corpus petition now filed by Sailer in the District Court.

¶3

One arrow in the quiver has to go. We conclude it is this appeal.

¶4

The appeal is dismissed.