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Don v. Stinson v. State of Alabama

Don v. STINSON, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee

Don v. Stinson v. State of Ala., 585 F.2d 748 (5th Cir. 1978)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
December 7, 1978
Docket
No. 76-2363
Judges
Coleman, Goldberg, Gee
Citations
585 F.2d 7481978 U.S. App. LEXIS 7235

Opinion — Per Curiam

PER CURIAM:

The court en banc, having reheard this habeas cause following our panel opinion reported at 5 Cir., 545 F.2d 485 , has remanded it to us for reconsideration in light of its opinion in Galtieri v. Wainwright, 582 F.2d 348 (5th Cir. 1978). Our earlier disposition was, but for a contention of petitioner foreclosed by Stone v. Powell, 428 U.S. 465 , 96 S.Ct. 3037 , 49 L.Ed.2d 1067 (1976), a remand to the district court for a determination whether state remedies had been exhausted as to his claims.

We conclude that Galtieri has little if any bearing on this case. It deals with petitions containing both exhausted and unexhausted claims. Here there is doubt whether any of petitioner’s claims have been exhausted. Nevertheless we conclude, exhaustion being a matter of comity and not jurisdiction, that we should reach the merits of petitioner’s remaining claims. The state does not raise exhaustion, and this matter has been in our courts for almost three years — long enough. We have therefore considered these claims, all denied by our district court on their merits. As to each, we conclude that the court was correct.

AFFIRMED.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1980: 11982: 21983: 11984: 119802026peak 1982 · 2

Relies on it most ⓘ

  1. Prado McGee Jr. v. W.J. Estelle, Jr., Director, Texas Department of Corrections722 F.2d 1206 (5th Cir. 1984)
  2. Prado McGee Jr. v. W.J. Estelle, Jr., Director, Texas Department of Corrections704 F.2d 764 (5th Cir. 1983)
  3. Washington v. Strickland693 F.2d 1243 (5th Cir. 1982)
  4. Anderson v. South Carolina542 F. Supp. 725 (D.S.C. 1982)
  5. Fields v. Tankersley487 F. Supp. 1389 (S.D. Ga. 1980)

Most recent

  1. Prado McGee Jr. v. W.J. Estelle, Jr., Director, Texas Department of Corrections722 F.2d 1206 (5th Cir. 1984)
  2. Prado McGee Jr. v. W.J. Estelle, Jr., Director, Texas Department of Corrections704 F.2d 764 (5th Cir. 1983)
  3. Washington v. Strickland693 F.2d 1243 (5th Cir. 1982)
  4. Anderson v. South Carolina542 F. Supp. 725 (D.S.C. 1982)
  5. Fields v. Tankersley487 F. Supp. 1389 (S.D. Ga. 1980)

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.

Authorities cited 3

DepthCaseCited by
Stone v. Powell, 428 U.S. 465 (1976) 3,575
Gennero Galtieri v. Louie L, 582 F.2d 348 (5th Cir. 1978) 176
Don v. Stinson v. State of Ala., 545 F.2d 485 (5th Cir. 1977) 5

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