Opinion · Court of Appeals for the Ninth Circuit
James E. Drury v. William Coy Cox, Sheriff of Pima County
James E. Drury v. William Coy Cox, Sheriff of Pima County, 457 F.2d 764 (9th Cir. 1972)
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1972-03-07
- Topic
- general
stating that only in the most unusual circumstances is a defendant 4 entitled to have federal interposition by way of injunction or habeas corpus until 5 after a judgment has been appealed from, and the case has been concluded in state 6 courts | stating that “only in the most unusual circumstances is a defendant entitled to have 23 federal interposition by way of injunction or habeas corpus until after the jury comes in, 24 judgment has been appealed from and the case concluded in the state courts.” | “Apparent finality of one issue is not 9 enough” to avoid dismissal under Younger where the judgment itself is not final | exhaustion of federal issue insufficient if criminal proceedings through direct appeal not yet complete | exhaustion of federal issue insufficient if criminal proceedings through direct appeal not yet complete | “[O]nly in the most unusual circumstances is a defendant entitled to have federal interposition by way of injunction . . . until after the jury comes in, judgment has been appealed from and the case concluded in the state courts” | “[O]nly in the most unusual circumstances is a defendant entitled to have federal interposition by way of injunction . . . until after the jury comes in, judgment has been appealed from and the case concluded in the state courts” | “[O]nly in the most unusual circumstances is a defendant entitled to have federal interposition by way of injunction or habeas corpus until after the jury comes in, judgment has been appealed from and the case concluded in the state courts” | only in most 17 || unusual circumstances is defendant entitled to have federal interposition by way of 18 || injunction or habeas corpus until after jury comes in, judgment has been appealed 19 || from and case concluded in state courts | “[O]nly in the most unusual circumstances is a defendant entitled to have 28 federal interposition by way of injunction or habeas corpus until after the jury comes in, 1 ||judgment has been appealed from and the case concluded in the state courts.” | “[O]nly in the most unusual circumstances is a defendant entitled to 7 have federal interposition by way of injunction or habeas corpus until after the jury comes 8 in, judgment has been appealed from and the case concluded in the state courts.” | “[O]nly in the most unusual circumstances is a defendant entitled to have 16 federal interposition by way of injunction or habeas corpus until after the jury comes in, 17 judgment has been appealed from and the case concluded in the state courts.” | “[O]nly in the most unusual circumstances is a defendant entitled to have federal 24 interposition by way of injunction or habeas corpus until after the jury comes in, 25 judgment has been appealed from that the case concluded in the state courts.” | “[O]nly in the most unusual circumstances is a 18 defendant entitled to have federal interposition by way of injunction or habeas corpus 19 until after the jury comes in, judgment has been appealed from and the case concluded in 20 the state courts.” | “only in the most 20 unusual circumstances is a defendant entitled to have federal interposition by way of 21 injunction or habeas corpus until after the jury comes in, judgment has been appealed 22 from and the case concluded in the state courts.” | “[O]nly in 25 the most unusual circumstances is a defendant entitled to have federal interposition by 26 way of injunction or habeas corpus until after the jury comes in, judgment has been 27 appealed from that the case concluded in the state courts.” | “[O]nly in the most unusual circumstances 24 is a defendant entitled to have federal interposition by way of injunction or habeas corpus until 25 after the jury comes in, judgment has been appealed from and the case concluded in the state 26 courts.” | “[O]nly in the most unusual 23 circumstances is a defendant entitled to have federal interposition by way of injunction or 24 habeas corpus until after the jury comes in, judgment has been appealed fr
Citator
- Cited by
- 70 opinions
Gary K. Nelson, Atty. Gen., Rose Silver, Pima County Atty., John L. Augustine, Deputy County Atty., Tucson, Ariz., for respondent-appellee.
[2] We affirm on different grounds. Our reading of Younger v. Harris,401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669, convinces us that only in the most unusual circumstances is a defendant entitled to have federal interposition by way of injunction or habeas corpus until after the jury comes in,Page 765judgment has been appealed from and the case concluded in the state courts. Apparent finality of one issue is not enough.
[3] The order denying relief is affirmed.
[4] The mandate will issue now.Page 775