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ELKINS v. KELLEY

No. 26750.

410 F.2d 734 (1969)

William Luther ELKINS, Petitioner-Appellee, v. Asa KELLEY, Director, State Board of Corrections, et al., Respondents-Appellants.

United States Court of Appeals Fifth Circuit.

April 7, 1969.

Attorney(s) appearing for the Case

Arthur K. Bolton, Atty. Gen. of Georgia, Marion O. Gordon, Asst. Atty. Gen. of Georgia, Atlanta, Ga., John W. Hinchey, William R. Childers, Jr., Courtney Wilder Stanton, Asst. Atty. Gen., Atlanta, Ga., for appellants.

Richard W. Watkins, Jr., Jackson, Ga., for appellee.

Before RIVES, BELL and DYER, Circuit Judges.

RIVES, Circuit Judge:

Warden Smith appeals from a judgment granting Elkins a writ of habeas corpus on grounds that, under principles enunciated in Miranda v. Arizona, 1966, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, his constitutional rights against self-incrimination have been violated during custodial interrogation. We vacate the judgment and remand the case with directions to dismiss without prejudice for failure to exhaust available...

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