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TOOTEN v. SHEVIN

No. 73-3816 Summary Calendar.

493 F.2d 173 (1974)

Beatrice TOOTEN, Petitioner-Appellant, v. Robert L. SHEVIN, Attorney General, State of Florida, and Reubin O'D. Askew, Governor, and the State of Florida, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

April 25, 1974.

Attorney(s) appearing for the Case

Phillip A. Hubbart, William Aaron, Bennett H. Brummer, Asst. Public Defenders, Miami, Fla., for petitioner-appellant.

J. Robert Olian, Asst. Atty. Gen., Miami, Fla., for respondents-appellees.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.

GEWIN, Circuit Judge:

Today we must decide whether a pretrial application for a writ of prohibition addressed to a state supreme court satisfies the exhaustion requirement which is a prerequisite before seeking federal habeas corpus relief.1 In recognition of the value of the underlying policies which buttress the exhaustion rule, requiring an initial presentation of habeas corpus claims to the...

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