Washington Law Review
Criminal Law—Jurisdiction—Habeas Corpus—State Jurisdiction over Constitutional Questions Pending in Federal Court
In July, 1960, petitioner Don Anthony White was convicted of murder in the first degree and sentenced to death. The Washington Supreme Court affirmed the conviction, and certiorari was denied by the United States Supreme Court. In February 1964, the Washington court denied petitioner's application for writ of habeas corpus. Petitioner then applied for writ of habeas corpus in the federal district court. This petition raised a new issue based on facts asserted to have come to the attention of petitioner's counsel subsequent to the denial of the application by the Washington court." Respondent penitentiary superintendant maintained that petitioner had failed to exhaust his state remedies in regard to this issue pursuant to 28 U.S.C. section 2254. The district court ordered that the cause be held in abeyance subject to petitioner's submission of a new application to the state supreme court. Upon petitioner's application to the Washington Supreme Court for writ of habeas corpus, held: When a federal district court assumes and retains jurisdiction over a petition for writ of habeas corpus, the Washington Supreme Court will decline to consider the petition. In re White v. Rhay, 65 Wash. Dec.2d 688, 399 P.2d 522 (1965).
Washington Case Law,
Criminal Law—Jurisdiction—Habeas Corpus—State Jurisdiction over Constitutional Questions Pending in Federal Court,
40 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol40/iss2/15