PRUITT v. HUTTO

No. 77-1905.

574 F.2d 956 (1978)

John D. PRUITT, Appellant, v. Terrell Don HUTTO, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 19, 1978.


Attorney(s) appearing for the Case

C. Douglas Buford, Jr., Little Rock, Ark., on brief, for appellant.

Bill Clinton, Atty. Gen., and James E. Smedley, Asst. Atty. Gen., Little Rock, Ark., on brief, for appellee.

Before BRIGHT and ROSS, Circuit Judges, and MEREDITH, Chief Judge.


PER CURIAM.

John D. Pruitt's petition for post-conviction relief under 28 U.S.C. § 2254 is once again before this court. In his petition, filed on July 2, 1975, Pruitt alleged that he was arrested and detained prior to trial without probable cause, and was subjected to an unconstitutional in-court identification.

The district court concluded that Pruitt's first contention was frivolous and that he had not exhausted state remedies on the second contention...

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