Opinion · Court of Appeals for the Ninth Circuit
Murray Arthur Anthony Murphy v. Lawrence E. Wilson, Warden, State of California
409 F.2d 840
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1969-03-25
- Topic
- general
How later courts describe this case
- “[Petitioner] will not have exhausted his available state remedies until 2 the state appeal proceedings have been completed and a final state judgment has been 3 entered.”
Citator
UpLaw has not yet analyzed Murray Arthur Anthony Murphy v. Lawrence E. Wilson, Warden, State of California. The absence of a flag is not a finding that it is good law.
- Cited by
- 8 opinions
Murray A. A. Murphy appeals from a district court order denying, without prejudice, his application for a writ of habeas corpus. Murphy asserts that in connection with his conviction of burglary by a California' court on May 19, 1965, his constitutional rights were violated.
At the time Murphy applied for a writ of habeas corpus his appeal from the 1965 state conviction was pending in the California Court of Appeal. Murphy alleged, however, that he was being deprived of a complete record necessary to prosecute that appeal. He accordingly asked that the federal habeas corpus proceeding serve as a “full replacement” of the state appeal, and that a complete record on appeal be provided, and for related relief.
*841 The trial court correctly denied the application for a writ since Murphy had not exhausted his available state remedies. He will not have exhausted his available state remedies until the state appeal proceedings have been completed and a final state judgment has been entered. Federal habeas corpus does not afford a means of transferring pending state criminal proceedings to a federal court.
Affirmed.