WHITTLESEY v. CIRCUIT COURT FOR BALTIMORE COUNTY

No. 88-7697.

897 F.2d 143 (1990)

James Louis WHITTLESEY, a/k/a Frank Wayne Pehringer, Petitioner-Appellant, v. CIRCUIT COURT FOR BALTIMORE COUNTY, MARYLAND; Stephen H. Sachs, Attorney General for the State of Maryland; Richard L. Dugger, Secretary of the Florida Department of Corrections; Robert A. Butterworth, Attorney General of the State of Florida, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 28, 1990.

Rehearing and Rehearing Denied April 17, 1990.


Attorney(s) appearing for the Case

Stanley K. Joynes, III (argued), Rilee, Cantor, Arkema & Edmonds, Richmond, Va., for petitioner-appellant.

Mary Ellen Barbera, Asst. Atty. Gen. (argued), Baltimore, Md. (J. Joseph Curran, Jr., Atty. Gen. of Md., Diane E. Keller, Asst. Atty. Gen., Baltimore, Md., on brief), for respondents-appellees.

Before WIDENER, PHILLIPS and WILKINSON, Circuit Judges.


Rehearing and Rehearing In Banc Denied April 17, 1990.

WILKINSON, Circuit Judge:

In this case we must decide whether a federal habeas corpus petitioner has fulfilled the statutory requirement of exhaustion of state court remedies, 28 U.S.C. § 2254(b), despite having deprived the state court system of the opportunity to pass upon his habeas claims by escaping from prison, fleeing to another state, committing crimes in that other state, and being imprisoned...

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