Bennie Dixon Burton v. Joseph A. Oliver, Warden

Appellant, asserting probable cause and pauper status, seeks to appeal the denial of his petition for writ of habeas corpus. The issues which he advances were presented to the Alabama appellate courts on direct appeal, without effect. Burton v. State, 364 So.2d 394 (Ala.Crim.App.1978), cert. denied, 364 So.2d 397. Without seeking other relief, he filed this application for relief pursuant to 28 U.S.C. § 2254. The district court dismissed his petition for failure to exhaust state collateral remedies.

Though there is language in § 2254 supporting this disposition, 1 the law is settled that it…