ALBERTSON v. JOHNSON

No. 21020.

440 F.2d 1201 (1971)

Charles L. ALBERTSON, Petitioner, v. Perry L. JOHNSON, Warden, Respondent.

United States Court of Appeals, Sixth Circuit.

April 23, 1971.


Attorney(s) appearing for the Case

Charles L. Albertson, in pro per.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Stewart H. Freeman, Asst. Sol. Gen., Lansing, Mich., on brief for respondent.

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


PER CURIAM.

Charles L. Albertson is confined in a Michigan State prison under a conviction of first degree murder. The question presented on this appeal is whether he must exhaust his State court remedy of a delayed appeal to the Supreme Court of Michigan before maintaining an action for federal habeas corpus. We affirm the decision of District Judge Talbot Smith dismissing the petition for failure to exhaust State remedies.

An earlier petition for habeas...

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