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WILLETT v. STATE OF GEORGIA

No. 77-1123.

591 F.2d 1206 (1979)

James W. WILLETT, Petitioner-Appellant, v. STATE OF GEORGIA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 21, 1979.

Attorney(s) appearing for the Case

Myron K. Allenstein, Gadsden, Ala., for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., G. Stephen Parker, John C. Walden, Asst. Attys. Gen., Robert S. Stubbs, II, Executive Asst. Atty., Gen., Richard L. Chambers, 1st Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before THORNBERRY, GODBOLD and RUBIN, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

Petitioner correctly points out that his habeas corpus petition was "mixed" (containing both exhausted and unexhausted claims), that the district court reached the merits of the exhausted claim in which petitioner contended that his guilty plea was involuntary, and that therefore, pursuant to Galtieri v. Wainwright, 582 F.2d 348 (CA5, 1978) (en banc), we should review this claim...

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