James W. Willett, Petitioner-appellant, v. State of Georgia, Respondent-appellee, 586 F.2d 1080 (5th Cir. 1978)

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US Court of Appeals for the Fifth Circuit - 586 F.2d 1080 (5th Cir. 1978) Dec. 22, 1978

Myron K. Allenstein, Gadsden, Ala., for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., G. Stephen Parker, Asst. Atty. Gen., John C. Walden, Asst. Atty. Gen., Robert S. Stubbs, II, Exec. Asst. Atty. Gen., Richard L. Chambers, 1st Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before THORNBERRY, GODBOLD and RUBIN, Circuit Judges.

PER CURIAM:


It appears that petitioner, a state prisoner seeking habeas corpus, did not exhaust in state court his claim that the state knowingly concealed evidence favorable to him. The district court, therefore, correctly dismissed his petition on the ground of failure to exhaust. Galtieri v. Wainwright, 582 F.2d 348 (CA5, 1978) (en banc).

AFFIRMED.

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Rule 18, 5 Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I

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