Phillip Baker v. A Frank Lee, Prison Commissioner

PER CURIAM t

Appellant’s petition for writ of habeas corpus was denied without a hearing for failure of appellant to exhaust his state remedies.

We reverse and remand for the following reasons: There was no state remedy available to appellant at the time the federal habeas corpus petition was filed, and the District Court failed to find that appellant had deliberately bypassed the orderly procedure of the state court and in so doing forfeited such remedies. Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed.2d 837 (1963).

Phillip Baker, appellant, was convicted on a plea of guilty to the charge of…