SHELTON v. HEARD

No. 82-2226. Summary Calendar.

696 F.2d 1127 (1983)

Barrie Deon SHELTON, Petitioner-Appellant, v. Jack B. HEARD, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Opinion on Reconsideration April 18, 1983.


Attorney(s) appearing for the Case

Barrie Deon Shelton, pro se.

Joe Foy, Jr., Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before CLARK, Chief Judge, POLITZ and HIGGINBOTHAM, Circuit Judges.


PER CURIAM:

Barrie Deon Shelton was convicted May 16, 1979 of burglary. He was sentenced to six years in prison. Unable to post bond pending appeal, Shelton has remained in confinement while the appeal of his conviction languished in the Texas courts. His petition for writ of habeas corpus was denied by the federal district court on the ground that Shelton failed to exhaust his state remedies. We reverse the lower court's holding and direct the federal court to hear...

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