David Paul Hammer v. Larry Meachum, Director Oklahoma Department of Corrections and J. M. Sunderland

This three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); Tenth Circuit R. 10(e). The cause is therefore ordered submitted without oral argument.

This is an appeal from an order of the district court dismissing a petition for a writ of habeas corpus brought under 28 U.S.C. § 2254 (1976). The issue is whether petitioner’s state procedural default precludes him from obtaining federal habeas review. We hold that it does.

Petitioner, an Oklahoma prisoner, pled guilty in May 1978 to charges of…