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BUTLER v. KING

No. 85-3044.

781 F.2d 486 (1986)

Charles BUTLER, Petitioner-Appellant, v. John T. KING, Secretary of Louisiana Department of Corrections and William J. Guste, Jr., Attorney General, State of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

January 30, 1986.

Attorney(s) appearing for the Case

Noland & Boasso, William Noland, New Orleans, La., for petitioner-appellant.

Joanne C. Marier, Pamela S. Moran, Hammond Scott, Asst. Dist. Attys., New Orleans, La., for respondents-appellees.

Before BROWN, REAVLEY and HILL, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

The question presented to us is whether a state court loses jurisdiction to try a felony indictment during the time that the case is before the federal court on a civil rights removal petition that is later determined to be without merit. The question arises in the context of William Butler's appeal from the dismissal of his petition for a writ of habeas corpus. The District Court judge dismissed the petition on the grounds that Butler...

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