Smith v. Mississippi (373 U.S. 238…
“ Although the Mississippi Supreme Court, see Miss., 145 So.2d 688, reserved to the State the right, upon this Court's disposition of the writ of certiorari, to apply for an order fixing a new execution date, we assume that that court will not act on application of the State without affording petitioner an opportunity to pursue with due diligence any available state remedies and, if necessary, the remedy in federal habeas corpus. ”
