Lee v. Wyrick

MEMORANDUM AND ORDER

JOHN W. OLIVER, District Judge.

This state prisoner habeas corpus case presents an exhaustion question not heretofore determined by this Court. The petition for habeas corpus, the response of the Warden, and the exhibits attached to that response, establish that the petitioner was twice convicted in the Circuit Court of Reynolds County, Missouri, on pleas of guilty to charges of breaking jail. Thereafter, petitioner filed a Rule 27.26, V.A.M.R. motion in the state trial court seeking to set aside the judgments and sentences imposed. After denial of the motion by the trial…