Ivery Sweezy v. Sam P. Garrison, Warden and State of North Carolina

Ivery Sweezy appeals from a decision of the district court, 554 F.Supp. 481, dismissing on the merits his petition for a writ of habeas corpus. Although the petitioner failed to exhaust his state remedies, the Attorney General of North Carolina unconditionally waived, in his responsive pleadings, the exhaustion requirement. It therefore is appropriate for us to consider the merits of petitioner’s appeal. Jenkins v. Fitzberger, 440 F.2d 1188 (4th Cir.1971); cf. Harding v. North Carolina, 683 F.2d 850 (4th Cir.1982) (holding invalid conditional waiver of exhaustion).

The petitioner claimed that…