US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

FRANCISCO V. GATHRIGHT, 419 U. S. 59 (1974)

Subscribe to Cases that cite 419 U. S. 59 RSS feed for this section

U.S. Supreme Court

Francisco v. Gathright, 419 U.S. 59 (1974)

Francisco v. Gathright

No. 73-5768

Argued October 15, 1974

Decided November 19, 1974

419 U.S. 59


Petitioner brought this federal habeas corpus action, claiming the unconstitutionality of a state statute under which he had been convicted of a drug violation. The Court of Appeals upheld the District Court's ruling that petitioner's challenge should be resubmitted to the state courts in the light of a State Supreme Court decision (issued after that court had declined to review petitioner's conviction on direct appeal but before petitioner had filed his habeas petition) holding the state statute constitutionally invalid.

Held: Since the state courts had a full opportunity to determine the federal constitutional issue before petitioner resorted to the federal forum, no substantial state interest would be served by requiring petitioner to resubmit his constitutional claim to the state courts. Roberts v. LaVallee, 389 U. S. 40.

Reversed and remanded.

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™