Samuel Galbraith v. Darrel Vannoy, Warden
DueProcess HabeasCorpus JusticiabilityDoctri
Whether the ability to file a state habeas corpus petition that will be summarily denied constitutes an 'available, adequate, and effective' state remedy under 28 U.S.C. § 2254(b)(1)(B)(i)
Galbraith seeks certiorari for the following issue: I. When a person has no cause of action and no right of action to appeal the affirmative decision of a parole board, does the simple ability to mail and file a state habeas corpus petition (or any legal filing) that will be summarily denied for no cause of action and no right of action mean a state remedy is “available, ” “adequate, ” and “effective ” under the statutory requirements of 2254(b)(l)(B)(i) and this Court's 1973 precedent under Presier v. Rodriguez 1 Page 1 of 34