FINAN v. CROUSE

No. 8266.

352 F.2d 507 (1965)

Carl L. FINAN, Appellant, v. Sherman H. CROUSE et al., Appellees.

United States Court of Appeals Tenth Circuit.

November 12, 1965.


Attorney(s) appearing for the Case

William C. McGehee, Denver, Colo., for appellant.

Richard H. Seaton, Asst. Atty. Gen. of Kansas (Robert C. Londerholm, Atty. Gen. of Kansas, with him on brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and LEWIS, Circuit Judges.


PER CURIAM.

Petitioner sought a writ of habeas corpus in the federal district court of Kansas on the sole grounds that ninety days had elapsed since filing in the Kansas state court his Motion to Vacate Sentence and Judgment, and the state court had neither heard nor docketed the motion, thus depriving him of due process of law. This appeal is from an order of the lower court denying the writ on the grounds that state remedies had not been exhausted nor shown unavailable...

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