RODRIGUEZ v. McKASKLE

No. 83-1450 Summary Calendar.

724 F.2d 463 (1984)

Julian B. RODRIGUEZ, Petitioner-Appellee, v. Dan V. McKASKLE, Acting Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

As Modified on Denial of Rehearing April 16, 1984.


Attorney(s) appearing for the Case

Charles A. Palmer, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Lucien B. Campbell, Public Defender, San Antonio, Tex., for petitioner-appellee.

Before CLARK, Chief Judge, RUBIN and JOLLY, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The habeas corpus petitioner in this case has not, under the test of Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982), and Picard v. Connor, 405 U.S. 270, 92 S.Ct. 509, 30 L.Ed.2d 438 (1971), exhausted his state remedies. Therefore, although an evidentiary hearing has been held in federal district court, and the district judge has granted the writ, we are forbidden to examine...

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