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WALTER v. WAINWRIGHT

No. 24066.

373 F.2d 322 (1967)

Leroy WALTER, Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellee.

United States Court of Appeals Fifth Circuit.

February 21, 1967.

Attorney(s) appearing for the Case

Leroy Walter pro se.

Wallace E. Allbritton, Asst. Atty. Gen., Earl Faircloth, Atty. Gen., for appellee.

Before TUTTLE, Chief Judge, and BELL and GOLDBERG, Circuit Judges.

GOLDBERG, Circuit Judge:

The petitioner, Leroy Walter, was convicted in the Circuit Court of Dade County, Florida, of rape. He was sentenced to life imprisonment. He did not appeal his conviction directly, but he filed a motion under Florida Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix, which was denied by the Circuit Court. This denial was ultimately affirmed by the Florida Supreme Court. Therefore Walter has exhausted his state remedies, as required by 28...

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