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MILLER v. HARVEY

No. 77-1361.

566 F.2d 879 (1977)

George William MILLER, Appellant, v. James L. HARVEY, Warden, and the Attorney General of the State of South Carolina, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 29, 1977.

Attorney(s) appearing for the Case

Vance L. Cowden, Columbia, S. C., Corrections Clinic, U. S. C. School of Law, for appellant.

Katherine W. Hill, Asst. Atty. Gen., Columbia, S. C. (Daniel R. McLeod, Atty. Gen., and Emmet H. Clair, Senior Asst. Atty. Gen., Columbia, S. C., on brief), for appellees.

Before WINTER, BUTZNER and HALL, Circuit Judges.

BUTZNER, Circuit Judge:

George W. Miller appeals from the denial of a writ of habeas corpus. He challenges the district court's finding that he has not exhausted state avenues of appeal on his claim that he was unconstitutionally arrested and that evidence deriving from that arrest was unconstitutionally introduced against him at trial. With respect to the single issue on which he has exhausted state remedies, he disputes the court's conclusion that an improper experiment...

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