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HAYWARD v. STONE

No. 72-2299.

496 F.2d 844 (1974)

Robert HAYWARD, Plaintiff-Appellant, v. Walter T. STONE, Superintendent, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 9, 1974.

Attorney(s) appearing for the Case

Emil Roy Eisenhardt, Farella, Braun & Martel, San Francisco, Cal., for plaintiff-appellant.

John T. Murphy, Michael Buzzell, Deputy Attys. Gen., Evelle J. Younger, California Atty. Gen., San Francisco, Cal., for defendant-appellee.

Before DUNIWAY and CHOY, Circuit Judges, and JAMESON, District Judge.

OPINION

DUNIWAY, Circuit Judge:

Hayward appeals from the dismissal of his petition for a writ of habeas corpus. The district court held that Hayward had failed to exhaust his state remedies as required by 28 U.S.C. § 2254. We reverse.

Hayward was convicted in California Superior Court of robbery with great bodily injury. His conviction was affirmed on appeal by the California Court of Appeal and his...

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