Legal Opinion
Donald Harold Bartz v. Louie L. Wainwright, Director, Division of Corrections, State of Florida
Court of Appeals for the Fifth Circuit
Decided November 19, 1971No. 71-1661PublishedCited by 10 opinions
1Opinion of the Court
GEWIN, Circuit Judge:
The district court denied appellant Donald Harold Bartz’s petition for a writ of habeas corpus on the ground that he had failed to exhaust state remedies. 1 The court, however, certified probable cause for this appeal. It is well established that a habeas corpus petitioner who has previously had his claims considered by the highest court of the state on direct appeal has exhausted his state remedies insofar as those claims are concerned and is not required by section 2254 to present those claims to the state courts again in a collateral proceeding. 2 After a thorough…
2Cases cited13 opinions
- Brown v. AllenSupreme Court of the United States · 1953
- Cecal Bell v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1966
- James J. Domenica v. United StatesCourt of Appeals for the First Circuit · 1961
- Smith v. Industrial Accident CommissionSupreme Court of the United States · 1967
- Johnny Leo Hill v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ronald Lee Fisher v. Louie L. Wainwright, Director, Division of Corrections, State of Florida, Department of Health and Rehabilitative ServicesCourt of Appeals for the Fifth Circuit · 1978
- Bufalino v. RenoCourt of Appeals for the Fifth Circuit · 1980
- Julius Hairston v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1972
- Ford v. HollowellDistrict Court, N.D. Mississippi · 1974
- Dudley Lewis Lee v. Louie L. Wainwright, Director, Florida Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1972
5 more not listed; retrieve them via the Exa API.