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BRADBURN v. McCOTTER

No. 84-1632.

786 F.2d 627 (1986)

Carl BRADBURN, Petitioner-Appellant, v. O.L. McCOTTER, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing April 28, 1986.

Attorney(s) appearing for the Case

Douglas Mann, (Court-appointed), Corpus Christi, Tex., for petitioner-appellant.

Jim Mattox, Atty. Gen., Charles A. Palmer, Daniel Zemann, Jr., Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before GARWOOD, HIGGINBOTHAM and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

This appeal from the denial of a writ of habeas corpus poses two questions: Whether the state waived the exhaustion of state remedies defense and whether the petitioner's fifth amendment privilege against self-incrimination was violated by Dallas police so that petitioner's confession should have been suppressed. We conclude that the state waived its exhaustion defense by not raising it in the district court and accordingly deny the...

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