exhaustion of state remedies

exhaustion of state remedies
Federal courts require that state remedies be exhausted in certain classes of cases in order to give state courts as a matter of comity the opportunity to make the initial determination as to all claims, federal or state, raised in those cases. U.S. v. State of Texas, D.C.Tex., 430 F.Supp. 920, 930. Under this doctrine, a petition for habeas corpus by a state prisoner will be entertained by a federal court only after all state remedies have been exhausted. Darr v. Burford, 399 U.S. 200, 70 S.Ct. 587, 94 L.Ed. 761; 28 U.S. C.A. No. 2254. However, exhaustion of state remedies is not required in Civil Rights No. 1983 (42 U.S.C.A.) actions. Pasty v. Brd. of Regents of State of Fla., 457 U.S. 496, 102 S.Ct. 2557, 73 L.Ed.2d 172.

Black's law dictionary. . 1990.

Игры ⚽ Нужно сделать НИР?

Look at other dictionaries:

  • exhaustion of state remedies — Federal courts require that state remedies be exhausted in certain classes of cases in order to give state courts as a matter of comity the opportunity to make the initial determination as to all claims, federal or state, raised in those cases. U …   Black's law dictionary

  • exhaustion of remedies — exhaustion of remedies: a doctrine of civil and criminal procedure: a remedy cannot be sought in another forum (as a federal district court) until the remedies or claims have been exhausted in the forum having original jurisdiction (as a state… …   Law dictionary

  • Exhaustion of remedies — The doctrine of exhaustion of remedies prevents a litigant from seeking a remedy in a new court or jurisdiction until all claims or remedies have been exhausted (pursued as fully as possible) in the original one. The doctrine was originally… …   Wikipedia

  • Bach flower remedies — are dilutions of flower material developed by Edward Bach, an English physician and homeopath, in the 1930s. [As Edward Bach s family name is pronounced Batch (IPA| [bætʃ] ), rather than Bark , they are correctly spoken of as Batch flower… …   Wikipedia

  • exhaust — ex·haust vt: to use up or consume entirely: as a: to try all of (available remedies) the applicant has exhaust ed the remedies available in the court of the State U.S. Code b: to bring (a claim) through all available prior levels of review each… …   Law dictionary

  • Habeas corpus in the United States — Habeas corpus (/ heɪbiəs kɔɹpəs/), Latin for you [should] have the body , is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. The Suspension Clause of the United States Constitution… …   Wikipedia

  • Panetti v. Quarterman — SCOTUSCase Litigants=Panetti v. Quarterman ArgueDate=April 18 ArgueYear=2007 DecideDate=June 28 DecideYear=2007 FullName=Scott Louis Panetti v. Nathaniel Quarterman, Director, Texas Department of Criminal Justice USVol= USPage= Citation=… …   Wikipedia

  • Irvin v. Dowd — was a United States Supreme Court case from 1959 (and later, 1961). [http://supreme.justia.com/us/359/394/case.html] It involved an escaped convict s (Leslie Irvin) denial of appeal. The convict sought a federal writ of habeas corpus. Irvin v.… …   Wikipedia

  • habeas corpus — habeas cor·pus / kȯr pəs, ˌpu̇s/ n [Medieval Latin, literally, you should have the body (the opening words of the writ)]: any of several writs originating at common law that are issued to bring a party before the court; esp: habeas corpus ad… …   Law dictionary

  • procedural default — n: a failure to follow state appellate procedure (as in the exhaustion of state remedies) that bars federal esp. habeas corpus review of a case in the absence of a showing of cause for and prejudice from the failure or sometimes in the absence of …   Law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”