Opinion

Milan M. Vuitch, M. D. v. James Brown Hardy, Acting Warden of the Maryland Penitentiary

473 F.2d 1370
1973 U.S. App. LEXIS 11540

Court: Court of Appeals for the Fourth Circuit
Filed: Feb 20, 1973
Status: Published
On the bench: Bryan, Winter, Butzner
Cited by: 10 cases
Authority: More cited than 73.2%

The opinion

PER CURIAM:

The district court held that petitioner had exhausted his available state remedies prior to filing an application for a writ of habeas corpus and that the writ should issue because the Maryland Therapeutic Abortion Act, 4B Ann.Code of Maryland, Art. 43, §§ 137 et seq. (1971 Repl. Vol.), under which petitioner was convicted, was unconstitutional, be

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cause of the limitations which it placed upon the performance of an abortion. We agree that petitioner had exhausted his available state remedies. Subsequent to the argument before us, the Supreme Court decided Roe v. Wade, - U.S. -, 93 S.Ct. 705 , 35 L.Ed.2d 147 (1973) and Doe v. Bolton,-U.S. — , 93 S.Ct. 739 , 35 L.Ed.2d 201 (1973). These cases make clear that the district court correctly decided the case, and we affirm on their authority.

Affirmed.

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