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UNITED STATES EX REL. MILLNER v. PATE

No. 17538.

425 F.2d 249 (1970)

UNITED STATES of America ex rel. Clyde MILLNER, Jr., Petitioner-Appellant, v. Frank J. PATE, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied May 7, 1970.

Attorney(s) appearing for the Case

Henry L. Mason, III, Chicago, Ill., for petitioner-appellant.

William J. Scott, Atty. Gen., James B. Zagel, Asst. State's Atty., Joel M. Flaum, Thomas J. Immel, Asst. Attys. Gen., of counsel, Chicago, Ill., for respondent-appellee.

Before SWYGERT, Chief Judge, and KILEY and FAIRCHILD, Circuit Judges.

KILEY, Circuit Judge.

The district court dismissed petitioner's habeas corpus petition1 without an evidentiary hearing upon the state's response that petitioner had not exhausted his state remedy and, furthermore, that he had presented no substantial Fifth Amendment constitutional question. We affirm on the basis of the doctrine of exhaustion of state remedies.

Petitioner was convicted by a jury of involuntary manslaughter. Statements...

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