...§2254(a) empowers "[t]he Supreme Court, a Justice thereof, a circuit judge, or a district court" to "entertain an application for a writ of habeas corpus...court only on the ground that he is in custody in viola107 Opinion of the Court ary 1, 1974, subjected all affirmative defenses to the following rule:...

...constitution. In re Huse (1897) 79 F. 3U5, 25 C. CA 1. In the case of an original application to this court for a writ of habeas corpus in behalf of a person in custody, tinder process from a state court, for trial on an indictment charging him with an offense against...

...Title 18, Appendix, Crimes and Criminal Procedure. § 2254. State custody; remedie« in Federal court« (a) The Supreme Court, a Justice thereof, a circuit...corpus In behalf of a person in custody pursuant to the Page 345 TITLE 28-JUDICIARY AND JUDICIAL PROCEDURE Page 346 judgment of a State court only on the ground...

...withheld the newly asserted ground or otherwise abused the writ. (c) In a habeas corpus proceeding brought in behalf of a person in custody pursuant to the judgment of a State court, a prior judgment of the Supreme Court of the United States on an appeal or review by a writ of certiorari...

...hearing on the merits of a material factual issue, or after a hearing on the merits of an issue of law, a person in custody pursuant to the judgment of a State court has been denied by a court of the United States or a justice or judge oí the United States release...

...as passed by Congress on June 16, 1948: "State custody : remedies in State courts. "An application for a writ of habeas corpus in behalf of a person...custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the...

...made a part of the statute by the new Judicial Code, 28 USC §2254, which provides: "An application for a writ of habeas corpus in behalf of a person...custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the rcme235 Opinion of the...

...made a part of the statute by the new Judicial Code, 28 USC §2254, which provides : "An application for a writ of habeas corpus in behalf of a person...custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the reme235 Opinion of the...

...recognition to the above-quoted principle set forth in the Hawk case. It provides: "An application for a writ of habeas corpus in behalf of a person...custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the...

...issues a certificate of probable cause. $2254. State custody; remedies in State courts An application for a writ of habeas corpus in behalf of a person...custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the...