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

Annotate this Case
  • Syllabus  | 
  • Case

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.

Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.