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HUNT v. WARDEN, MARYLAND PENITENTIARY

Nos. 9238, 9241, 9352.

335 F.2d 936 (1964)

John Wesley HUNT, Appellant, v. WARDEN, MARYLAND PENITENTIARY, Appellee. John Nathan BRISTOW, Jr., Appellant, v. Vernon L. PEPERSACK, Warden, Maryland State Penitentiary, Appellee. James E. COX, Appellant, v. Vernon L. PEPERSACK, Warden, Maryland Penitentiary, State of Maryland, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 3, 1964.

Attorney(s) appearing for the Case

Ronald P. Sokol (Court-assigned counsel), Charlottesville, Va., for appellants.

Robert J. Martineau, Asst. Atty. Gen. of Maryland (Thomas B. Finan, Atty. Gen. of Maryland, on the brief), for appellee.

Before SOBELOFF, Chief Judge, and BRYAN and J. SPENCER BELL, Circuit Judges.

SOBELOFF, Chief Judge:

This consolidated appeal by three Maryland prisoners presents serious questions arising out of the nature of federal habeas corpus, particularly the exhaustion doctrine now codified in 28 U.S.C.A. § 2254:

"An application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts...

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