SIMPSON, Circuit Judge:
The sole issue presented for our consideration in this case is whether the district court erred in dismissing the appellant's petition for the Writ of Habeas Corpus, without an evidentiary hearing, for failure to exhaust his state remedies as required by Title 28, U.S.C., Section 2254. We find that the appellant's state remedies were in fact exhausted and accordingly we reverse and remand.
In September of 1969, McCluster was convicted...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
