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SILVERS v. DOWLING

No. 73-2430.

495 F.2d 1126 (1974)

Michael SILVERS, Petitioner-Appellant, v. Honorable Clarence DOWLING and Milton Stire, Civil Sheriff, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

June 24, 1974.

Attorney(s) appearing for the Case

Ronald Tanet, New Orleans, La., Robert Eugene Smith, Atlanta, Ga., for petitioner-appellant.

Clarence J. Dowling, State Dist. Judge, State Dist. Court, Sec. "B", William Glenn Burns, New Orleans, La., William J. Guste, Jr., Atty. Gen., L. J. Hymel, Asst. Atty. Gen. of La., Baton Rouge, La., for respondents-appellees.

Gera Brupbacher, pro se and Alma Reboul, pro se, amicus curiae, for Society to Oppose Pornography, Inc.

Before BELL, SIMPSON and INGRAHAM, Circuit Judges.

PER CURIAM:

Appellant, a Louisiana lawyer, sought federal habeas corpus relief on due process grounds from a one day prison sentence imposed for contempt in a Louisiana trial court. The district court denied relief on the merits. Without expressing any view whatever on the merits, we vacate and remand with direction that the complaint be dismissed for failure to exhaust state remedies. Despite an appeal to the Supreme Court of Louisiana, Silvers v. Dowling, 1972,...

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