Rucker v. Rose

MEMORANDUM OPINION, ORDER AND CERTIFICATE OF PROBABLE CAUSE

NEESE, Senior District Judge,

sitting by designation and assignment.

Obedient to the mandate of the United States Court of Appeals for the Sixth Circuit, this Court determines whether the petitioner Mr. Daniel Preston Rucker has exhausted his available state-remedies. The petitioner appears to concede, and the expanded-record reflects clearly, that he has not given the Supreme Court of Tennessee a fair opportunity to consider the grounds he urges herein.1

*418He contends, however, that such was not necessary because of the existence of…