Robert Frazier v. Clarence Jones, Sheriff, Dallas County, Texas

The District Court dismissed Frazier’s federal habeas corpus petition for failure to exhaust state remedies, and he has appealed. We affirm. 1

When he filed his habeas petition appellant’s direct criminal appeal was pending in the Texas Court of Criminal Appeals.

The state courts of Texas should be given the first opportunity to rule upon appellant’s claim that his state conviction for robbery was obtained in violation of his constitutional rights. If the issues which the appellant raised in his habeas petition have been presented in the direct appeal, and have now been decided adversely to…