CIVIL PROCEDURE-HABEAS CORPUS-EXHAUSTION OF STATE REMEDIES IN RENDITION CASES

Respondent, a convict, was apprehended in Ohio after escaping from an Alabama prison. He attempted to prevent rendition by petitioning the Ohio courts for a writ of habeas corpus, alleging that he had suffered cruel and unusual punishment in the Alabama prison contrary to the Fourteenth Amendment and, if forced to return, would be subject to further brutal treatment. His petition was denied at all levels in the Ohio courts and the United States Supreme Court denied certiorari. A similar petition was then denied by the Federal District Court in Ohio, but the court of appeals reversed without opinion and ordered a hearing on the merits.

On certiorari to the United States Supreme Court, held, reversed. The remedies of the state of incarceration must be exhausted before a federal court can consider an application for a writ of habeas corpus. Sweeney v. Woodall, (U. S. 1952) 73 S. Ct. 139.