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BOWEN v. STATE OF TENN.

No. 81-5386.

698 F.2d 241 (1983)

Quinton BOWEN, Petitioner-Appellant, v. STATE OF TENNESSEE, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 14, 1983.

Attorney(s) appearing for the Case

Alan Bryant Chambers (court-appointed), Wayne Chastain, Memphis Area Legal Services, Memphis, Tenn., for petitioner-appellant.

William M. Leech, Jr., Atty. Gen. of Tenn., Jennifer Helton Small, Ann Lacy Johns, Asst. Attys. Gen., Nashville, Tenn., for respondent-appellee.

Before EDWARDS, Chief Circuit Judge, LIVELY, ENGEL, KEITH, MERRITT, KENNEDY, MARTIN, JONES, CONTIE, KRUPANSKY, and WELLFORD, Circuit Judges, and CECIL, Senior Circuit Judge.

KRUPANSKY, Circuit Judge.

Quinton Bowen (Bowen) here appeals from the denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 by the United States District Court for the Western District of Tennessee. The district court, upon motion of the respondent State of Tennessee (State), dismissed one of Bowen's claims for relief as unexhausted in the state courts and therefore beyond review in the Federal habeas proceedings. However, notwithstanding...

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