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BARTZ v. WAINWRIGHT

No. 71-1661 Summary Calendar.

451 F.2d 663 (1971)

Donald Harold BARTZ, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 19, 1971.

Attorney(s) appearing for the Case

Donald H. Bartz, pro se.

Robert Shevin, Atty. Gen. of Fla., Tallahassee, Fla., Charles Corces, Jr., Asst. Atty. Gen., Lakeland, Fla., for respondent-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

GEWIN, Circuit Judge:

The district court denied appellant Donald Harold Bartz's petition for a writ of habeas corpus on the ground that he had failed to exhaust state remedies.1 The court, however, certified probable cause for this appeal. It is well established that a habeas corpus petitioner who has previously had his claims considered by the highest court of the state on direct appeal has exhausted his state remedies insofar as those...

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