(DOWNLOAD) "Whippler v. Balkcom" by United States Court Of Appeals Fifth Circuit. # Book PDF Kindle ePub Free
eBook details
- Title: Whippler v. Balkcom
- Author : United States Court Of Appeals Fifth Circuit.
- Release Date : January 03, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
December 7, 1960, Ernest Whippler, represented by court-appointed counsel, was convicted of murder. The Superior Court of Bibb County, Georgia, sentenced Whippler to death by electrocution. The Georgia Supreme Court affirmed. Whippler v. State, 1962, 218 Ga. 198, 126 S.E.2d 744. The United States Supreme Court denied certiorari. Whippler v. Georgia, 1963, 375 U.S. 960, 84 S. Ct. 446, 11 L. Ed. 2d 318. May 13, 1964, Whippler applied for federal habeas corpus. The district court, without holding an evidentiary hearing, dismissed the petition on the ground that Whippler, by not applying for state habeas corpus, had failed to exhaust his state remedies. We reverse: resort to Georgia courts is not necessary when Georgia law seems to be settled against post-conviction review of the petitioners newly raised constitutional claims.