Opinion · Court of Appeals for the Ninth Circuit

Patrick James Campbell v. Roger W. Crist, Warden of Montana State Prison and Mike Greely, Montana State Attorney General

Patrick James Campbell v. Roger W. Crist, Warden of Mont. State Prison & Mike Greely, Mont. State Att’y Gen., 647 F.2d 956 (9th Cir. 1981)

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1981-06-08
Topic
litigation

How later courts describe this case

  • “This court may consider whether state remedies have been exhausted even if the 21 state does not raise the issue”
  • “This court may consider whether state 2 remedies have been exhausted even if the state does not raise the issue”
  • “This court may consider whether state remedies have been exhausted even if the state does not raise the issue”
  • “This court may consider whether state 9 remedies have been exhausted even if the state does not raise the issue”
  • “This court may consider whether state 7 remedies have been exhausted even if the state does not raise the issue”
  • “This court may consider whether state 10 remedies have been exhausted even if the state does not raise the issue”
  • “This court may consider whether state 20 remedies have been exhausted even if the state does not raise the issue”
  • “This court may consider whether state 8 remedies have been exhausted even if the state does not raise the issue”

Citator

UpLaw has not yet analyzed Patrick James Campbell v. Roger W. Crist, Warden of Montana State Prison and Mike Greely, Montana State Attorney General. The absence of a flag is not a finding that it is good law.

Cited by
27 opinions
CAMPBELL v. CRIST,647 F.2d 956(9th Cir. 1981)
PATRICK JAMES CAMPBELL, PETITIONER-APPELLANT, v. ROGER W. CRIST, WARDEN OF
MONTANA STATE PRISON AND MIKE GREELY, MONTANA STATE ATTORNEY GENERAL,
RESPONDENTS-APPELLEES.
No. 80-3285.
United States Court of Appeals, Ninth Circuit.
Submitted April 6, 1980.
Decided June 8, 1981.
Patrick James Campbell, for petitioner-appellant.

Mark J. Murphy, Asst. Atty. Gen., Helena, Mont., for respondents-appellees.
Appeal from the United States District Court for the District of Montana.
Before SKOPIL and POOLE, Circuit Judges, and KENYONfn*District Judge.
SKOPIL, Circuit Judge:
[1] Campbell appeals the denial of a writ of habeas corpus.Campbell v. Crist,491 F. Supp. 586(D.Mont. 1980). He contends that the state court lacked jurisdiction to try him for a robbery committed on the Flathead Indian Reservation. He raises numerous other objections regarding the adequacy of the state proceedings, and of his representation by counsel. We affirm.

[2] Normally, a federal court will not entertain a state prisoner's petition for writ of habeas corpus unless the petitioner hasPage 957exhausted available state judicial remedies.28 U.S.C. § 2254(b);Sweet v. Cupp,640 F.2d 233at 236 (9th Cir. 1981). If the petitioner's claim was not presented to the state courts on direct appeal, state collateral remedies must be exhausted.28 U.S.C. § 2254(c);Sweet v. Cupp, supra.

[3] This court may consider whether state remedies have been exhausted even if the state does not raise the issue.Rose v.Dickson,327 F.2d 27, 28 (9th Cir. 1964).See also Sweet v.Cupp, supraat 237 n.5.

[4] There is no indication in the record that Campbell has exhausted available state judicial remedies. In the interest of comity we will not consider the merits of Campbell's petition.

[5] The judgment appealed from is AFFIRMED.
  1. Honorable David V. Kenyon, United States District Judge for the Central District of California, sitting by designation. ↩