UNITED STATES EX REL. WILLIAMS v. BRANTLEY

No. 73-1883.

502 F.2d 1383 (1974)

UNITED STATES of America ex rel. George T. WILLIAMS, Petitioner-Appellant, v. Elza BRANTLEY et al., Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 29, 1974.

Rehearing Denied October 31, 1974.


Attorney(s) appearing for the Case

Leslie G. Foschio and John C. Bruha, law student, Notre Dame, Ind., for petitioner-appellant.

William J. Scott, Atty. Gen., Raymond McKoski, Asst. Atty. Gen., Chicago, Ill., for respondents-appellees.

Before SWYGERT, Chief Judge, FAIRCHILD, Circuit Judge, and SOLOMON, Senior District Judge.


SWYGERT, Chief Judge.

Petitioner-appellant George T. Williams is appealing from the dismissal of his petition for a writ of habeas corpus. We reverse.

The question that is presented by this appeal is whether under the exhaustion of state remedies requirement of 28 U. S.C. § 2254(b) petitioner is required to appeal a dismissal of a state court post-conviction petition when the basis of that dismissal is a firmly entrenched state rule that a prior direct...

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