Dudley Lewis Lee v. Louie L. Wainwright, Director, Florida Division of Corrections

Dudley Lewis Lee is serving a life sentence upon conviction of robbery in the Court of Record in and for Escambia County, Florida. He petitioned the United States District Court for habeas corpus relief relative to this judgment of conviction. 1 The district court denied the petition on grounds of failure to exhaust all available State remedies. We reverse that ruling and remand the cause for further proceedings.

In his habeas petition filed below, the appellant showed that he utilized his remedy provided by former Rule 1.850, now Rule 3.850, Fla.R.Crim.P., 33 F.S.A. He filed a motion to…