BERNIER v. MOORE

Misc. No. 462.

441 F.2d 395 (1971)

Norman G. BERNIER, Petitioner, Appellant, v. Robert J. MOORE, Superintendent, etc., Respondent, Appellee.

United States Court of Appeals, First Circuit.

April 22, 1971.


Attorney(s) appearing for the Case

Norman G. Bernier, pro se, on application for certificate of probable cause.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


PER CURIAM.

This petition for habeas corpus relief presents a question which is arising with increasing frequency, whether a defendant whose attack on his state conviction has been reviewed by the state courts is entitled to further review in the federal system simply for the asking. We hold he is not. The fundamental purpose of habeas corpus would be undermined if the writ were prostituted by holding it out as available upon mere "notice" or token pleading, without...

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