In re Lamkin/Opinion of the Court

United States Supreme Court

355 U.S. 59

In re Lamkin

 Argued: Nov. 18, 1957. --- Decided: Dec 16, 1957

The petition for writ of certiorari is denied. The judgment below rests on an adequate state ground since petitioner, in filing his application for habeas corpus in the state court, failed to comply with applicable state procedures. See Fox Film Corp. v. Muller, 1935, 296 U.S. 207, 56 S.Ct. 183, 80 L.Ed. 158. The stay heretofore entered is continued through December 18, 1957, to afford petitioner an opportunity to file with due diligence a proper application for relief in the appropriate state court, and in the event of a final denial of same in the highest court of the state, to renew in this Court an application for writ of certiorari. See Tenner v. Dullea, 1941, 314 U.S. 692, 62 S.Ct. 364, 86 L.Ed. 554.

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