WHITE V. RAGEN, 324 U. S. 760 (1945)

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U.S. Supreme Court

White v. Ragen, 324 U.S. 760 (1945)

White v. Ragen

No. 212

Argued March 29, April 2, 1945

Decided April 23, 1945*

324 U.S. 760


1. The petitions for habeas corpus in these cases sufficiently alleged violations of petitioners' rights under the Federal Constitution. P. 324 U. S. 764.

2. This Court is unable to say that the refusal of the Supreme Court of Illinois to entertain the petitions for habeas corpus in these cases does not rest on an adequate nonfederal ground, and the writs of certiorari herein must be dismissed. P. 324 U. S. 766.

Page 324 U. S. 761

3. In view of the practice adopted by the Supreme Court of Illinois, it follows that, whenever a petition originally filed in that court for a writ of habeas corpus is denied without opinion or other indication of the ground of its decision, and when the petition relies on allegations of fact to raise federal questions, it is unnecessary for the petitioner, in order to exhaust his state remedies, to apply to this Court for certiorari to review the judgment of the Supreme Court of Illinois. A denial of certiorari by this Court in such circumstances does not bar an application to a federal district court for the relief, grounded on federal rights, which the Supreme Court of Illinois has denied. But any other state remedies, if available, must be exhausted before any application to the federal district court. P. 324 U. S. 767.

4. A petition for certiorari to review a judgment of the Supreme Court of Illinois denying an application for habeas corpus, which must be denied here because the decision of that court appears to rest on an adequate nonfederal ground, cannot be treated as a petition to review a decision of a lower court of the State which had denied an earlier application for habeas corpus, since the petition in the lower state court is not before this Court and its contents do not otherwise appear of record. P. 324 U. S. 767.

Writs dismissed.

Certiorari, 323 U.S. 704, to review judgments denying leave to file petitions for habeas corpus.

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