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UNITED STATES EX REL. SCHUCK v. MARONEY

March 13, 1961

UNITED STATES ex rel. Arthur Grover SCHUCK
v.
J. F. MARONEY, Superintendent, State Correctional Institution at Pittsburgh



The opinion of the court was delivered by: MARSH

Although it is alleged in the petition for a writ of habeas corpus here under consideration that the relator has exhausted his State remedies, at the hearing on the rule to show cause, relator's counsel admitted that relator has not; i.e., no appeal or petition for a writ of certiorari was taken to the Supreme Court of the United States from the decision of the Supreme Court of Pennsylvania *fn1" affirming relator's conviction of murder in the first degree, Ex parte Hawk, 321 U.S. 114, 64 S. Ct. 448, 88 L. Ed. 572; Darr v. Burford, 339 U.S. 200, 70 S. Ct. 587, 94 L. Ed. 761, and the time within which to do so has long since expired. Brown v. Allen, 344 U.S. 443, 487, 73 S. Ct. 397, 97 L. Ed. 469. Moreover, several of the grounds raised in the petition for the writ, including prejudicial publicity, were not presented to or passed upon by the State Courts in relator's appeal for a new trial. As to these particular grounds, relator has not exhausted his State remedies, and they may not be considered initially in this court. Darr v. Burford, supra; United States ex rel. Ackerman v. Johnston, 3 Cir., 1956, 235 F.2d 958.

 An order dismissing the petition for the writ and vacating the stay of ...


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