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RHEUARK v. WADE

No. 76-2510 Summary Calendar.

540 F.2d 1282 (1976)

Jack RHEUARK, Petitioner-Appellant, v. WADE, State of Texas and Warden of Leavenworth Federal Prison, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

October 22, 1976.

Attorney(s) appearing for the Case

James L. Wurtz, Dallas, Tex. (Court-appointed), for petitioner-appellant.

Jack Rheuark, pro se.

Henry M. Wade, Crim. Dist. Atty., John B. Tolle, Asst. Crim. Dist. Atty., Dallas, Tex., Michael P. Carnes, U. S. Atty., Fort Worth, Tex., for respondents-appellees.

Before COLEMAN, GOLDBERG and GEE, Circuit Judges.

PER CURIAM:

Appellant Rheuark here claims the district court wrongly dismissed his habeas corpus petition for failure to exhaust available state remedies. We vacate and remand for a determination of whether the delay in the processing of petitioner's direct appeal of his state conviction has been unjustifiable, relieving Rheuark from the exhaustion requirement of 28 U.S.C. § 2254(b).

A Texas grand jury indicted...

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