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CONNOR v. HUTTO

No. 74-1570.

516 F.2d 853 (1975)

John Martin CONNOR, Appellant, v. Terrell D. HUTTO et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 28, 1975.

Attorney(s) appearing for the Case

Jack T. Lassiter, Asst. Atty. Gen., Little Rock, Ark., for appellant.

James E. Davis, Texarkana, Ark., for appellees.

Before JOHNSEN, Senior Circuit Judge, and STEPHENSON and WEBSTER, Circuit Judges.

STEPHENSON, Circuit Judge.

This appeal concerns the precedential effect of a dismissal of a direct state criminal appeal by the United States Supreme Court for want of a substantial federal question.1 We hold that such a dismissal is an actual adjudication for purposes of 28 U.S.C. § 2244(c) that precludes subsequent federal habeas corpus relief. We further hold that such a dismissal constitutes...

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