Wardell N. Smith v. Warden Charles Wolff, Nebraska State Penitentiary

HEANEY, Circuit Judge.

Wardell N. Smith, a Nebraska state prisoner, appeals the dismissal of his petition for writ of habeas corpus. He challenged his conviction and sentence on numerous constitutional grounds. The District Court held two evidentiary hearings and dismissed the petition. It found that petitioner had not exhausted his state remedies on many of the claims and held that they were not properly before the federal court. Those claims which had been previously presented to the Nebraska courts were denied on their merits. Two issues are presented on appeal. First, whether the doctrine…