CARTER v. ESTELLE

No. 80-1981.

677 F.2d 427 (1982)

Albert H. CARTER, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

June 1, 1982.


Attorney(s) appearing for the Case

Douglas M. Becker, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Arnold Anderson Vickery, Houston, Tex., for petitioner-appellee.

Before POLITZ and RANDALL, Circuit Judges, and PARKER, District Judge.


RANDALL, Circuit Judge:

This case involves two questions: (1) whether petitioner Albert H. Carter met the requirements of the exhaustion doctrine before bringing the present federal habeas corpus action and (2) whether his 1974 retrial and conviction for embezzlement violated the double jeopardy clause. The district court below held that state remedies had been exhausted, found for Carter on his substantive claims, and ordered him released. The State of Texas has...

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