United States of America Ex Rel. Thomas Trantino v. Robert Hatrack, Superintendent, New Jersey State Prison at Rahway

OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal from a denial of habeas corpus relief involves three claims stemming from petitioner Trantino’s alleged ingestion of psychoactive drugs before and during his trial for murder. The district court found all three claims to be meritless. 408 F.Supp. 476 (D.N.J.1976). However, we find that we may pass upon the district court’s disposition of only two, because Trantino did not exhaust available state remedies as to his third claim, which alleges a Brady1 violation.

We affirm the district court’s dismissal of all three claims, but we predicate our…