Fred J. Odell v. John C. Burke, Warden, Wisconsin State Prison

MERCER, District Judge.

Petitioner, an inmate at Wisconsin State Prison, appeals from an order of the United States District Court for the Eastern District of Wisconsin, denying, without a hearing, his petition for writ of habeas corpus.

At the outset, we note that petitioner is represented by Mr. Giles F. Clark, court-appointed counsel, who has presented the case for petitioner both in written brief and on oral argument. This court is appreciative of his valuable services.

We must first consider respondent’s contention that petitioner has not exhausted his state remedies and cannot, therefore,…