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MUCIE v. MISSOURI STATE DEPT. OF CORRECTIONS

No. 76-1477.

543 F.2d 633 (1976)

Dr. Richard P. MUCIE, Petitioner, v. MISSOURI STATE DEPARTMENT OF CORRECTIONS et al., Respondents.

United States Court of Appeals, Eighth Circuit.

Decided November 2, 1976.

Attorney(s) appearing for the Case

Roy Lucas, Washington, D. C., for petitioner; Irving Achtenberg, Kansas City, Mo., on the brief.

Robert L. Presson, Asst. Atty. Gen., Jefferson City, Mo., for respondents; John C. Danforth, Atty. Gen., Jefferson City, Mo., on the brief.

Before LAY, ROSS and STEPHENSON, Circuit Judges.

LAY, Circuit Judge.

The United States District Court for the Western District of Missouri, the Honorable William H. Becker, Chief Judge, presiding, denied Dr. Richard P. Mucie's motion for habeas corpus under 28 U.S.C. § 2254 on the ground that he had failed to exhaust his state remedies. This appeal followed. We reverse and remand to the district court to give immediate review of Dr. Mucie's petition.

In 1968 petitioner was convicted in the Missouri...

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