conviction or plea of guilty reviewed by the appellate courts in the Commonwealth of Pennsylvania and the Supreme Court of the United States, and the disposition of said appeals or writ of certiorari must be given.
8. If the petitioner is confined by virtue of a judgment of a State court, it is necessary to set forth copies of any petitions for writ of habeas corpus which have been previously filed in the State courts or Federal courts, the determination made by the court, and whether or not a denial was made of said petition or petitions previously filed or appealed to the higher tribunals in the state, and if application had been made to the Supreme Court of the United States by appeal or writ of certiorari from said refusal.
9. If the petitioner has not exhausted all remedies available in the appellate courts in the Commonwealth of Pennsylvania, the reasons therefrom must be set forth in detail and an allegation that the trial court and the appellate courts in the Commonwealth of Pennsylvania so departed from rights given under the Constitution of the United States, which would justify a federal court's intervention to protect the constitutional rights of the petitioner.
10. All petitions for writ of habeas corpus must be executed and verified by the petitioner. If for any reason the petitioner is unable to execute and verify the petition, the reason thereof shall be set forth.
It is further provided by the United States Judicial Code (Section 2254 of Title 28):
'An application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State * * *.'
A conviction after public trial in a State court by verdict or plea of guilty places the burden on the accused to allege and prove primary facts, not inferences, that show, notwithstanding the strong presumption of constitutional regularity in state judicial proceedings, that in his prosecution the state so departed from constitutional requirements as to justify a Federal court's intervention to protect the rights of the accused. The petitioner has the burden also of showing that other available remedies have been exhausted or that circumstances of peculiar urgency exist. Darr v. Burford, 339 U.S. 200, 218, 219, 70 S. Ct. 587, 94 L. Ed. 761.
Since it appears from the allegations in the application that petitioner has not filed an appeal to the Supreme Court of Pennsylvania nor applied for writ of certiorari to the Supreme Court of the United States, petitioner has failed to exhaust his remedies as required by law and jurisdiction does not presently exist in this court to consider the petition as a petition for writ of habeas corpus.
It is the desire of this court to extend every possible assistance to an indigent applicant. As this court has frequently reiterated, financial circumstances should never be an obstacle to defeat the ends of justice.
In all habeas corpus proceedings in this court which arise under State jurisdiction, copies of the original petition shall be filed with the original petition for the following persons:
1. Head of the penal institution where the prisoner is confined.
2. District Attorney of the County of Pennsylvania in which sentence was imposed.
3. Attorney General of the Commonwealth of Pennsylvania.
4. Any other person named or referred to as a party in said proceeding.
5. Two copies should be made for the attorney if appointed by the court.
If upon the exhaustion of remedies as hereinabove indicated, petitioner should be unable to secure the records and transcripts required by the Rules of this court, rule 16, in the formulation of a petition for a writ of habeas corpus, it is suggested that the petitioner submit a detailed explanation in order that the court might determine whether just cause exists to waive said requirement.
It will, therefore, be ordered that the United States Clerk of Courts file said petitions which, however, for the reasons heretofore indicated will be refused in each instance, without prejudice to petitioner to file petition for writ of habeas corpus in accordance with the conditions set forth herein.
An appropriate Order is entered.
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