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WHITLEY v. STEINER

No. 8276.

293 F.2d 895 (1961)

Joseph Oleif WHITLEY, Appellant, v. Warden William F. STEINER, Maryland House of Correction, Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 26, 1961.

Attorney(s) appearing for the Case

Stephen J. Pollak, Washington, D. C., court-assigned counsel (James C. McKay, Washington, D. C., court-assigned counsel, on the brief), for appellant.

James H. Norris, Jr., Sp. Asst. Atty. Gen. of Maryland (Thomas B. Finan, Atty. Gen., of Maryland, on the brief), for appellee.

Before SOBELOFF, Chief Judge, BOREMAN, Circuit Judge, and HARRY E. WATKINS, District Judge.

SOBELOFF, Chief Judge.

We are in this habeas corpus appeal faced with a problem concerning what has been termed the "abortive state proceeding,"1 i. e., where a state prisoner, claiming a constitutional infirmity in his trial, has failed to present his claim to the state courts under a procedure which was in the past available, and has now lost the opportunity to get state relief. Does this bar him from obtaining relief by writ of habeas...

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