GARTRELL v. LYNAUGH

Nos. 86-1662, 86-1663 Summary Calendar.

833 F.2d 527 (1987)

William Hamilton GARTRELL, Petitioner-Appellant, v. James A. LYNAUGH, Director Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 7, 1987.


Attorney(s) appearing for the Case

William H. Gartrell, pro se.

Jim Mattox, Atty. Gen., C. Rex Hall, Jr., Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before GEE, RUBIN, and JONES, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The district court dismissed this habeas corpus petition for failure to exhaust state remedies because, although the petitioner's claim that his convictions rested on insufficient evidence was raised in state postconviction proceedings, the prisoner did not identify the constitutional due process implications of this claim. Because the state court did have a fair opportunity to apply the correct legal principles in the state action,...

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