Claude M. Carpenter, Jr. v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, Kansas,appellee

The appeal is from an order denying a state prisoner’s petition for a writ of habeas, the denial being based upon the trial court’s conclusion that petitioner had not exhausted his available state court remedies. In substance, petitioner there raised two points: That because of collusion between' his retained state court counsel and a county attorney in Kansas his appeal from a state court conviction was dismissed, thus depriving him of his constitutional right of appeal; and that he was denied the effective assistance of counsel.

Because the first point questioned the professional conduct of…