LAWSON v. ESTELLE

No. 73-3548.

491 F.2d 1100 (1974)

Virgil G. LAWSON, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 29, 1974.


Attorney(s) appearing for the Case

Virgil G. Lawson, pro se.

Robert C. Flowers, Gilbert J. Pena. Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before BROWN, Chief Judge, and THORNBERRY and AINSWORTH, Circuit Judges.


PER CURIAM:

Lawson, a prisoner of the State of Texas, appeals the district court's denial of his petition for federal habeas corpus. Because the record before this Court shows that the courts of Texas have never adjudicated the merits of the appellant's habeas grounds, we believe that the court below should have pretermitted decision until state remedies were exhausted. We therefore vacate the judgment appealed from the and remand this cause to the district court...

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