# Petition of Joseph Ernst for a Writ of Habeas Corpus

> Court of Appeals for the Third Circuit · August 31, 1961 · 294 F.2d 556

URL: https://www.frixlaw.com/law-library/cases/9448160

## Case

- **Full name:** Petition of Joseph ERNST for a Writ of Habeas Corpus
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** August 31, 1961
- **Citations:** 294 F.2d 556; 1961 U.S. App. LEXIS 3662
- **Precedential status:** Published
- **Opinion:** Dissent by Biggs
- **Judges:** Hastie, Biggs, Has-Tie, Forman
- **Cited by:** 67 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9448160

## Opinion text

BIGGS, Chief Judge
(dissenting).
The decision in this case overrules United States ex rel. Auld v. Warden, 3 Cir., 1951, 187 F.2d 615 , sub silentio, for here, as the majority opinion points out, “there has not yet been such an exhaustion of state remedies as Section 2254 of Title 28 U.S.C. requires before a federal court shall discharge a state prisoner pursuant to a writ of habeas corpus”. I would vacate the judgment and would remand with the direction to the court below to allow the petitioner a reasonable opportunity to exhaust his state remedies, retaining jurisdiction and staying the execution of the state sentence in the meantime. Comity between the state and federal processes requires this result.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9448160. Public record. Not legal advice.