Don v. Stinson v. State of Alabama

The court en banc, having reheard this habeas cause following our panel opinion reported at 5 Cir., 545 F.2d 485, has remanded it to us for reconsideration in light of its opinion in Galtieri v. Wainwright, 582 F.2d 348 (5th Cir. 1978). Our earlier disposition was, but for a contention of petitioner foreclosed by Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976), a remand to the district court for a determination whether state remedies had been exhausted as to his claims.

We conclude that Galtieri has little if any bearing on this case. It deals with petitions containing…