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
PER CURIAM:

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.