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PENNSYLVANIA EX REL. KEENAN v. BURKE

UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF PENNSYLVANIA


November 18, 1947

COMMONWEALTH OF PENNSYLVANIA ex rel. KEENAN
v.
BURKE

The opinion of the court was delivered by: FOLLMER

Petitioner, a prisoner in a state penal institution, alleges lack of counsel. He was able to employ counsel, aware of his right to do so, made no request of the Court in relation thereto, and there was no denial of his right to employ counsel. Moreover, he did not complete his appellate procedure on a writ of habeas corpus filed in the Supreme Court of Pennsylvania, and having failed to exhaust his State remedies may not come into this Court. Both of these questions have been discussed in an opinion this day filed in the case of Commonwealth of Pennsylvania ex rel. Edward Billman v. Burke, Warden, D.C., 74 F.Supp. 846.

The petition for writ of habeas corpus is denied and the rule issued thereon is discharged.

19471118

© 1992-2004 VersusLaw Inc.



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