SMITH v. WOLFF

No. 74-1030.

506 F.2d 556 (1974)

Wardell N. SMITH, Appellant, v. Warden Charles WOLFF, Nebraska State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 12, 1974.


Attorney(s) appearing for the Case

James J. DeMars, Lincoln, Neb., for appellant.

Ralph H. Gillan, Asst. Atty. Gen., Lincoln, Neb., for appellee.

Before MATTHES, Senior Circuit Judge, and HEANEY and STEPHENSON, Circuit Judges.


HEANEY, Circuit Judge.

Wardell N. Smith, a Nebraska state prisoner, appeals the dismissal of his petition for writ of habeas corpus. He challenged his conviction and sentence on numerous constitutional grounds. The District Court held two evidentiary hearings and dismissed the petition. It found that petitioner had not exhausted his state remedies on many of the claims and held that they were not properly before the federal court. Those claims which had been previously...

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