ESSEX v. ELLIOTT

No. 72-1091 Summary Calendar.

456 F.2d 1039 (1972)

William ESSEX, Jr., Petitioner-Appellant, v. M. J. ELLIOTT, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 21, 1972.


Attorney(s) appearing for the Case

William Essex, Jr., pro se.

William J. Baxley, Atty. Gen., Joseph G. L. Marston, III, and Don C. Dickert, Asst. Attys. Gen., Montgomery, Ala., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.


PER CURIAM:

This is before us on application for appointment of counsel. We need not reach this since the case obviously must be remanded. Without holding an evidentiary hearing and relying solely on the scanty state court record before it, the District Court denied Appellant's petition for writ of habeas corpus on the ground that he had intentionally bypassed State post-conviction remedies. In the light of that record as well as the Federal Court record, the Court...

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