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RUTTER v. WRIGHT

No. 20245.

439 F.2d 1002 (1971)

Basil H. RUTTER, Petitioner-Appellant, v. W. H. WRIGHT, Assistant Deputy Warden, etc., Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

March 31, 1971.

Attorney(s) appearing for the Case

William E. Bowman (Court appointed), Greeneville, Tenn., for petitioner-appellant.

R. Jackson Rose, Nashville, Tenn., for respondent-appellee; James C. Dale, III, Sp. Counsel, Nashville, Tenn., on the brief; David M. Pack, Atty. Gen. and Reporter, State of Tenn., of counsel.

Before PHILLIPS, Chief Judge, and CELEBREZZE and PECK, Circuit Judges.

PHILLIPS, Chief Judge.

The question presented on this appeal is whether under the averments of the petition in this habeas corpus case Rutter, the petitioner, must exhaust his remedies under the Tennessee Post-Conviction Procedure Act of 1967 before seeking federal habeas corpus relief. The District Court held that State remedies first must be exhausted. We affirm this part of the decision of the District Court.

The Tennessee Post-Conviction Procedure Act...

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