Troy C. Burroughs v. Louie L. Wainwright, Director, Division of Corrections, State of Florida
Troy C. BURROUGHS, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee
Opinion
PER CURIAM:
This appeal is taken from an order of the district court denying the petition of a Florida state prisoner for the writ of habeas corpus. We affirm.
Appellant is currently serving a five year sentence for larceny of an automobile, having been convicted upon trial by jury. The conviction was affirmed on direct appeal in Burroughs v. State, Fla.App.1969, 221 So.2d 159 . A motion to vacate sentence pursuant to Rule 1.850, Fla.R.Crim.P., 33 F.S.A., was denied. Burroughs v. State, Fla.App.1970, 235 So.2d 781 .
In his habeas petition filed below appellant enumerates some 36 grounds for relief. A review of the records of proceedings in the state *1166 courts reveals that state remedies have not been exhausted as to all issues raised. Those allegations concerning double jeopardy, police brutality, mental coercion, and non-sequestration of witnesses have not been presented any state court. To avoid piecemeal litigation this Court has consistently required that state remedies be exhausted as to all issues raised in a federal habeas corpus petition. 28 U.S.C. § 2254 ; Meacham v. Beto, 5th Cir. 1971, 451 F.2d 187 ; Garrett v. State of Texas, 5th Cir. 1970, 435 F.2d 709 ; Harrison v. Wainwright, 5th Cir. 1970, 424 F.2d 633 ; Wheeler v. Beto, 5th Cir. 1969, 407 F.2d 816 .
Since the record before this Court shows that the appellant has failed to avail himself of post-conviction remedies open to him under Florida law, i. e. filing a Rule 1.850 motion in his sentencing court, we believe that the ruling of the district court is correct. See Johnson v. Wainwright, 5 Cir. 1971, 448 F.2d 387 .
The judgment below is Affirmed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 7 cases
View all citing references →Relies on it most ⓘ
- Gennero Galtieri v. Louie L
- Limmie West, III v. State of Louisiana
- Lawrence Univester Hargrett v. Louie L. Wainwright, Director Florida Division of Correction
- Reggie Clayton Madeley v. C. v. Kern, Sheriff of Harris County, and the State of Texas
- Willis C. Kelley v. W. J. Estelle, Jr., Director, Texas Department of Corrections
- Harry Green v. Dr. George Beto, Director, Texas Department of Corrections
Most recent
- Gennero Galtieri v. Louie L
- Willis C. Kelley v. W. J. Estelle, Jr., Director, Texas Department of Corrections
- Reggie Clayton Madeley v. C. v. Kern, Sheriff of Harris County, and the State of Texas
- Limmie West, III v. State of Louisiana
- Lawrence Univester Hargrett v. Louie L. Wainwright, Director Florida Division of Correction
- James Douglas Brookins v. State of Florida
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.