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COTNER v. HENRY

No. 16601.

394 F.2d 873 (1968)

Charles O. COTNER, Petitioner-Appellant, v. Jerome HENRY, as Superintendent, Indiana State Reformatory, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 29, 1968.

Rehearing Denied May 29, 1968.

Attorney(s) appearing for the Case

William C. Erbecker, Indianapolis, Ind., for appellant.

John J. Dillon, Douglas B. McFadden, Atty. Gen. of Indiana, Indianapolis, Ind., for appellee.

Before DUFFY, Senior Circuit Judge, and KILEY and FAIRCHILD, Circuit Judges.

Rehearing Denied May 29, 1968, en banc.

KILEY, Circuit Judge.

This is an appeal from the district court's judgment dismissing Cotner's habeas corpus petition challenging the constitutionality of the Indiana Sodomy Statute under which he had been convicted. The court dismissed on the grounds that Cotner had not exhausted his state remedies and that his petition had no merit.

We reverse because we have concluded that Cotner has no adequate method for...

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