Grover Cleveland McDaniel v. Sheriff of Dallas County and State of Texas

Grover Cleveland McDaniel, a former prisoner of the State of Texas, appeals from the district court’s denial of his habeas corpus petition. We vacate and remand.

At the time the petition was filed below, the appellant’s direct appeal was pending in the Texas Court of Criminal Appeals. For this reason the district court denied relief for failure to exhaust state remedies in compliance with the provisions of 28 U.S.C.A. § 2254, but granted a certificate of probable cause to appeal, 28 U.S.C.A. § 2253; Fed.R. App.P. 22(b).

During the time that McDaniel’s appeal was pending here, the Texas court…