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CAROTHERS v. RHAY

No. 77-1705.

594 F.2d 225 (1979)

John V. CAROTHERS, Petitioner-Appellant, v. B. J. RHAY, Superintendent, Washington State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

March 30, 1979.

Attorney(s) appearing for the Case

Lar Halpern (argued), Rochester, Wash., for petitioner-appellant.

Nate D. Mannakee, Asst. Atty. Gen. (argued), Olympia, Wash., for respondent-appellee.

Before KILKENNY and HUG, Circuit Judges, and MURRAY, District Judge.

HUG, Circuit Judge:

John V. Carothers, a state prisoner, appeals from the district court's dismissal of his petition for a writ of habeas corpus. Carothers raises five constitutional challenges to his state conviction. We affirm the judgment of the district court, dismissing the petition with respect to one issue, for the reason that petitioner failed to exhaust his state remedies; and, with respect to the other four issues, we affirm the dismissal on the merits....

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