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TANKSLEY v. WARDEN STATE PENITENTIARY OF STATE OF COLO.

No. 20-70.

429 F.2d 1308 (1970)

Frank A. TANKSLEY, Petitioner, v. WARDEN STATE PENITENTIARY OF the STATE OF COLORADO, Respondent.

United States Court of Appeals, Tenth Circuit.

August 27, 1970.

Attorney(s) appearing for the Case

Frederick T. Berhenke, Denver, Colo., for petitioner.

George E. DeRoos, Asst. Atty. Gen., Denver, Colo. (Duke W. Dunbar, Atty. Gen., and John P. Moore, Deputy Atty. Gen., Denver, Colo., with him on the brief), for respondent.

Before LEWIS, Chief Judge, and HICKEY and HOLLOWAY, Circuit Judges.

PER CURIAM.

The United States District Court for the District of Colorado dismissed a petition for habeas relief brought by Tanksley pursuant to Title 28 U.S.C. § 2254, because all adequate and effective state remedies had not been exhausted.

Tanksley was convicted of aggravated robbery in the Denver District Court in May of 1967 and thereafter he sought a writ of error to the Colorado Supreme Court. While the writ of error was pending in December, 1968...

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