Opinion · Supreme Court of the United States
Slayton v. Smith
30 L. Ed. 2d 209
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1971-11-16
- Topic
- general
holding that § 2254 habeas petition should be dismissed without prejudice if petitioner has an available state court remedy that he has not exhausted | finding that § 2254 habeas petition must be dismissed without prejudice if petitioner has not presented his claims to the appropriate state court and could still do so | finding that § 2254 habeas petition must be dismissed without prejudice if petitioner has not presented his claims to the appropriate state court and could still do so | noting the Criminal Justice Act’s “policy of providing blanket coverage of indigents’ representation from arraignment through review by this Court” | “Absent special circumstances, the Court may not retain jurisdiction pending resort to the state courts for [satisfaction of the exhaustion requirement].” | “[A]bsent special circumstances, the Court may not retain jurisdiction pending resort to the state courts for [satisfaction of the exhaustion requirement].” | absent special circumstances, federal courts should dismiss habeas petitions which contain unexhausted claims | absent special circumstances, federal courts should dismiss habeas petitions which contain unexhausted claims | where a petitioner has not yet exhausted claims in state court but is not barred from doing so, a federal court must dismiss the habeas petition without prejudice and allow him to exhaust his state-court remedies
Citator
- Cited by
- 69 opinions
Respondent’s petition for habeas corpus alleged, among other things, that he had been tried and sentenced in the state courts by a senile judge. On appeal from the District Court’s dismissal of the petition without a hearing, the Court of Appeals for the Fourth Circuit noted that state remedies had not been exhausted, expressed its confidence that “if the contention is squarely raised, the state courts will be willing to afford the petitioner a reasonable opportunity to prove his case,” and observed that a claim of judicial senility raised a most “sensitive issue of state administration of state criminal justice.” 435 F. 2d 453, 460 (1970). Despite these judicious observations underscoring the fact that this case was not ripe for federal cognizance, the Court of Appeals vacated the District Court’s judgment and remanded for further proceedings with instructions to stay the case until respondent had sought relief in the Virginia state courts.
The Court of Appeals’ form of “abstention” is perhaps technically consistent with the statutory prohibition *54 against issuing the writ where state remedies have not been exhausted. 28 U. S. C. § 2254. But, having determined that state remedies had not been exhausted, the Court of Appeals would have better served the policy of the statute had it avoided any implication as to the merits of so delicate a subject. Further, absent special circumstances, cf. Nelson v. George, 399 U. S. 224 (1970), Wade v. Wilson, 396 U. S. 282 (1970), rather than ordering retention of the casé on the District Court’s docket, the Court of Appeals should simply have vacated the judgment of the lower court and directed dismissal of the petition for failure to exhaust state remedies.
The motion of respondent for leave to proceed in forma pauperis and the petition for writ of certiorari are granted, the judgment of the Court of Appeals is vacated, and the case is remanded to that court for further proceedings consistent with this opinion.
So ordered.
Mr. Justice Douglas, with whom Mr. Justice Stewart joins, believing that the Court of Appeals has observed all the proprieties as well as the requirements of the Act, would affirm its judgment.