In the per curiam decision of Coley v. Alvis' the United States Court of Appeals for the Sixth Circuit reversed an Ohio District Court decision dismissing Coley's petition for habeas corpus for failure to exhaust his state remedies. The circuit Court remanded, stating that it would be futile for petitioner to attempt to void his conviction under the Ohio post-conviction statute because of the narrow limits placed on it by the state courts and that there was consequently no longer any effective state remedy. Since the grounds that petitioner set forth to sustain his writ did not fall within any of the enumerated exceptions recognized by Ohio Supreme Court decisions, the court held that petitioner should be allowed to seek relief in the federal court without appealing the ruling on his writ to the Supreme Court of Ohio.
Geraci, Thomas A. Jr.
"Application of Ohio Post-Conviction Procedure - Effect of Prior Judgment On.; Coley v. Alvis,"
Akron Law Review: Vol. 1
, Article 5.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol1/iss2/5