SWEEZY v. GARRISON

No. 82-6352.

694 F.2d 331 (1982)

Ivery SWEEZY, Appellant, v. Sam P. GARRISON, Warden and State of North Carolina, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 6, 1982.


Attorney(s) appearing for the Case

Gary S. Cash, Asheville, N.C. (Whalen, Hay & Cash, Asheville, N.C., Charles T.L. Anderson, Apex, N.C., N.C. Prisoner Legal Services, Inc. on brief), for appellant.

Richard N. League, Sp. Deputy Atty. Gen., Raleigh, N.C. (Rufus L. Edmisten, Atty. Gen. of North Carolina, Raleigh, N.C., on brief), for appellees.

Before WIDENER and SPROUSE, Circuit Judges, and GORDON, Senior District Judge.


PER CURIAM:

Ivery Sweezy appeals from a decision of the district court, 554 F.Supp. 481, dismissing on the merits his petition for a writ of habeas corpus. Although the petitioner failed to exhaust his state remedies, the Attorney General of North Carolina unconditionally waived, in his responsive pleadings, the exhaustion requirement. It therefore is appropriate for us to consider the merits of petitioner's appeal. Jenkins...

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