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Key v. Holman

United States Court of Appeals, Fifth Circuit
Jun 4, 1965
346 F.2d 153 (5th Cir. 1965)

Opinion

No. 21805.

June 4, 1965.

James A. Key, pro se.

Richmond Flowers, Atty. Gen., Owen Bridges, Asst. Atty. Gen., Montgomery, Ala., for appellee.

Before TUTTLE, Chief Judge, and EDGERTON and SMITH Circuit Judges.

Senior Circuit Judge of the D.C. Circuit, sitting by designation.

Of the Third Circuit, sitting by designation.


The trial court denied appellant's petition for habeas corpus on the ground that he had failed to exhaust available State remedies. It appearing that appellant did not appeal from the denials of collateral relief in the State court, it is apparent that he did not exhaust his State remedies. Such denials may be appealed in Alabama ex parte Wilson, 275 Ala. 439, 155 So.2d 611. Also, the Alabama law provides for free transcripts to indigent prisoners appealing from a denial of coram nobis. Alabama Laws, Act. No. 525, S.351 (Sept. 16, 1963).

The trial court's judgment was correct. It is affirmed.


Summaries of

Key v. Holman

United States Court of Appeals, Fifth Circuit
Jun 4, 1965
346 F.2d 153 (5th Cir. 1965)
Case details for

Key v. Holman

Case Details

Full title:James A. KEY, Appellant, v. William C. HOLMAN, Warden, Kilby Prison…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jun 4, 1965

Citations

346 F.2d 153 (5th Cir. 1965)

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