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HARVEY v. STATE OF SOUTH CAROLINA

Civ.A.Nos. 70-90, 70-91.

310 F.Supp. 83 (1970)

DeWitt HARVEY, Petitioner, v. The STATE OF SOUTH CAROLINA, Mr. W. D. Leeke, Director, South Carolina Department of Corrections, Columbia, S. C., et al., Respondents. William DUCK, Petitioner, v. The STATE OF SOUTH CAROLINA, Mr. W. D. Leeke, Director, South Carolina Department of Corrections, Columbia, S. C., et al., Respondents.

United States District Court, D. South Carolina, Columbia Division.

March 12, 1970.

Attorney(s) appearing for the Case

DeWitt Harvey and William Duck, pro se.

Emmet Clair, Asst. State's Atty. Gen., for State of South Carolina, Columbia, S. C., for respondents.

ORDER

HEMPHILL, District Judge.

Petitioners seek to avoid exhaustion of state remedies as required by 28 U.S.C. § 22541 by an attack on the South Carolina "Post Conviction Relief Act"2 as unconstitutional. Each and both admit they have not pursued post-conviction remedies at a state level and have filed for relief in this forum. They insist that the South Carolina procedure denies them those...

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