MALLORY v. SMITH

No. 93-6545.

27 F.3d 991 (1994)

Thomas W. MALLORY, Jr., Petitioner-Appellant, v. David K. SMITH, Warden; James S. Gilmore, III, Attorney General, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 30, 1994.


Attorney(s) appearing for the Case

ARGUED: David Isaac Bruck, Columbia, SC, for appellant. Robert Quentin Harris, Asst. Atty. Gen., Office of the Atty. Gen., Richmond, VA, for appellee. ON BRIEF: James S. Gilmore, III, Atty. Gen., Office of the Atty. Gen., Richmond, VA, for appellee.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and WILKINSON and HAMILTON, Circuit Judges.


Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Justice POWELL and Judge HAMILTON joined.

OPINION

WILKINSON, Circuit Judge:

It has long been clear that federal constitutional claims must be fairly presented to state courts before a federal habeas court may consider them. Here, petitioner contends that references in his Virginia Supreme Court filings to his appellate counsel's activities were sufficient to place that court...

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