Picard v. Connor
- Decided
- December 20, 1971
- Docket
- 70-96
- Status
- Published
- Jurisdiction
- Federal
Cited 5,124 timesNo negative treatment found in this library
What later courts said
- holding that "the substance of a federal habeas corpus claim must first be presented to the state courts." — Beavers v. Saffle (2000)
- holding that constitutional claim must be “fairly presented” to state court in order to satisfy exhaustion requirement — James Edward Reid v. Page True, Warden, Sussex I State Prison, James Edward Reid v. Page True, Warden, Sussex I State Prison (2003)
- concluding that “the substance of a federal habeas claim must first be presented to the state courts” — Dale A. Whipple v. Jack R. Duckworth, Warden, Superintendent of Indiana Reformatory (1992)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
MR. Justice Brennan delivered the opinion of the Court.
The Court of Appeals for the First Circuit, reversing the District Court’s dismissal of respondent’s petition for a writ of federal habeas corpus,[1] held that “the procedure by which [respondent] was brought to trial deprived him of the Fourteenth Amendment’s guarantee of equal protection of the laws.” 434 F. 2d 673, 674 (1970). The Court of Appeals acknowledged that respondent had not attacked his conviction on the equal protection ground, either in the state courts or in his federal habeas petition:
“[Respondent] did not present the constitutional question to' the Massachusetts court in the particular focus in which this opinion is directed. We suggested it when the case reached us, and invited the Commonwealth to file a supplemental brief. Not unnaturally its first contention was to assert that [respondent] had not exhausted his state remedy . . . .” Ibid.
Statutes cited
Cite this
Picard v. Connor, 404 U.S. 270 (1971)Read the full opinion
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