GONZALES v. STONE

Nos. 75-2451 and 75-2627.

546 F.2d 807 (1976)

Joseph Fabian GONZALES, Jr., Petitioner-Appellant, v. Walter T. STONE, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

As Modified December 13, 1976.


Attorney(s) appearing for the Case

Joseph Fabian Gonzales, Jr., in pro. per.

Ellen Birnbaum Kehr, Deputy Atty. Gen. (argued), Los Angeles, Cal., for respondent-appellee.

Before TRASK, GOODWIN and KENNEDY, Circuit Judges.


TRASK, Circuit Judge:

These consolidated appeals come to us from the district court's dismissal of petitions for writ of habeas corpus. They involve an unresolved question in this circuit: Where a habeas corpus petitioner has not exhausted available state remedies with respect to all contentions raised in his federal petition, should a court decide the merits of any or all the claims? We hold that it must decline to decide...

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