McGEE v. ESTELLE

No. 81-1498.

722 F.2d 1206 (1984)

Prado McGEE, Jr., Petitioner-Appellant, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 16, 1984.


Attorney(s) appearing for the Case

James W. Rice, Houston, Tex., for petitioner-appellant.

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

Before CLARK, Chief Judge, BROWN, GEE, RUBIN, REAVLEY, POLITZ, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY and HIGGINBOTHAM, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The federal habeas corpus statute provides that an "application in behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State...." 28 U.S.C. § 2254(b). We reheard this case en banc to consider whether the state may waive this statutory requirement and,...

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