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CARTER v. VAUGHN

No. 94-3138.

62 F.3d 591 (1995)

Lexie Little CARTER, Appellant, v. Donald T. VAUGHN.

United States Court of Appeals, Third Circuit.

Decided August 14, 1995.

Attorney(s) appearing for the Case

Joel B. Johnston, Thomas Schuchert & Associates, Pittsburgh, PA, for appellant.

Robert E. Colville, Dist. Atty., Claire C. Capristo, Deputy Dist. Atty., Elizabeth Brown, Asst. Dist. Atty., Kemal Alexander Mericli, Asst. Dist. Atty., Pittsburgh, PA, for appellee.

Before: SCIRICA, ROTH and SAROKIN, Circuit Judges.

Submitted Pursuant to Third Circuit LAR 34.1(a) February 3, 1995.

OPINION OF THE COURT

ROTH, Circuit Judge.

Appellant Lexie Little Carter, III appeals from the district court's denial of his habeas corpus petition. The court refused to consider the merits of Carter's petition on the grounds that he had failed to exhaust state remedies. We will reverse this decision, and we will remand this case to the district court because the district court did...

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