MARVIN AUBREY DEVORE, PETITIONER,
v.
FRANK BLACKBURN, WARDEN, LOUISIANA STATE PENITENTIARY, RESPONDENT
Explore caselaw by topic → Browse Federal Habeas Corpus cases and more on FLexlaw
PER CURIAM:
The motion of petitioner for C.P.C. and for leave to appeal I.F.P. is granted and the case shall be docketed.
In the federal habeas court petitioner raised the issue of ineffective counsel. The court decided several merits issues against petitioner and denied his petition, but it did not advert to the ineffective counsel issue. We are unable to determine from the record whether petitioner exhausted this issue in state court. In these circumstances Gal-tieri v. Wainwright, 582 F. 2d 348, decided by this court en banc October 23, 1978, requires us to vacate and remand to the district court for it to determine whether petitioner exhausted the ineffective counsel issue in state court and for entry of a fresh decree in light of Galtieri.
VACATED and REMANDED.
. It is appropriate to dispose of this case summarily. See Groendyke Transportation, Inc. v. Davis, 5 Cir., 1969, 406 F. 2d 1158.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Messelt v. State OF Ala., 595 F.2d 247 (5th Cir. 1979)
Authorities Cited
- Gennero Galtieri v. Louie L. Wainwright, 582 F.2d 348 (5th Cir. 1978)
- Groendyke Transp., Inc. v. Davis, 406 F.2d 1158 (5th Cir. 1969)