Legal Opinion
Leon McCluster v. Louie L. Wainwright, Director, Division of Corrections, State of Florida
Court of Appeals for the Fifth Circuit
Decided January 5, 1972No. 71-2396PublishedCited by 9 opinions
1Opinion of the Court
SIMPSON, Circuit Judge:
The sole issue presented for our consideration in this case is whether the district court erred in dismissing the appellant’s petition for the Writ of Habeas Corpus, without an evidentiary hearing, for failure to exhaust his state remedies as required by Title 28, U.S.C., Section 2254. We find that the appellant’s state remedies were in fact exhausted and accordingly we reverse and remand.
In September of 1969, McCluster was convicted in a Florida court of robbery and sentenced to ten years in the state penitentiary. Upon direct appeal to the Florida District Court of…
2Cases cited18 opinions
- Brown v. AllenSupreme Court of the United States · 1953
- Biggers v. TennesseeSupreme Court of the United States · 1968
- Johnny Leo Hill v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968
- Whitney v. StateDistrict Court of Appeal of Florida · 1966
- Peterson v. StateDistrict Court of Appeal of Florida · 1970
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ramon Luis Rivera, 033341 v. Louie L. Wainwright, Director, Florida Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1974
- Charles Chavis v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1973
- Escandar v. FergusonDistrict Court, S.D. Florida · 1977
- Paulson v. State of FloridaDistrict Court, S.D. Florida · 1973
- Carl Eugene Bowman v. Louie L. WainwrightCourt of Appeals for the Fifth Circuit · 1972
4 more not listed; retrieve them via the Exa API.