(DOWNLOAD) "Gutierrez V. Griggs" by United States Court of Appeals for the Ninth Circuit * eBook PDF Kindle ePub Free

eBook details

Title: Gutierrez V. Griggs
Author : United States Court of Appeals for the Ninth Circuit
Release Date : January 07, 1983
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 56 KB

Description

Cesar Gutierrez appeals from the district court's summary denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254(b). Gutierrez was convicted of murder and is now serving a life sentence in a California state prison. The principal issue in this appeal is whether a district court can summarily dismiss a habeas petition under Rule 4, 28 U.S.C., following § 2254 without first resolving whether a petitioner has exhausted available state remedies with respect to the claim raised in the petition. Because we are convinced that it would be wasteful and inefficient to require a district court to make the exhaustion inquiry when on the face of the petition it is obvious that Gutierrez is not entitled to relief, we affirm.