CARPENTER v. CROUSE

No. 9237.

389 F.2d 53 (1968)

Claude M. CARPENTER, Jr., Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 9, 1968.


Attorney(s) appearing for the Case

Mark H. Price, Oklahoma City, Okl., for appellant.

Daniel D. Metz, Asst. Atty. Gen., Topeka, Kan. (Robert C. Londerholm, Atty. Gen., Topeka, Kan., on the brief), for appellee.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.


PER CURIAM.

The appeal is from an order denying a state prisoner's petition for a writ of habeas, the denial being based upon the trial court's conclusion that petitioner had not exhausted his available state court remedies. In substance, petitioner there raised two points: That because of collusion between his retained state court counsel and a county attorney in Kansas his appeal from a state court conviction was dismissed, thus depriving him of his constitutional...

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