Robert Steven Zelenka v. Thomas Israel

HARLINGTON WOOD, Jr., Circuit Judge.

Robert Zelenka, a Wisconsin state prison inmate, appeals from the judgment which denied his petition for a writ of habeas corpus. Zelenka raises various issues on appeal, but we need only reach the question of whether Zelenka exhausted his state remedies.

In June of 1975, Ronald Schilling, Tom Stanton, and Zelenka agreed to rob the deceased, Michael Posthuma. To carry out the plan, Zelenka drove a truck with Stanton, Schilling, and Posthuma as passengers to a remote area in Wisconsin. When Zelenka heard Stanton say, “Here” and then a thud, he stopped the…