MOSES K. MURRAY, PETITIONER-APPELLANT,
v.
STATE OF FLORIDA, RESPONDENT-APPELLEE
MOSES K. MURRAY, PETITIONER-APPELLANT,
STATE OF FLORIDA, RESPONDENT-APPELLEE
410 F.2d 393
Court of Appeals for the Fifth Circuit (1969)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM:
Moses K. Murray has applied to this Court for a certificate of probable cause. 28 U.S.C. § 2253; Rule 22(b) F.R.A.P. The district court held that the applicant, a Florida convict, had failed to exhaust available state remedies as to all issues presented in his petition for the writ of habeas corpus. A review of the record reveals clear error in this conclusion of the district court, in that all issues have been presented to the state courts for consideration. Thus the exhaustion of remedies requirement of 28 U.S.C. § 2254 has been satisfied. Therefore, the application for a certificate of probable cause is granted, the judgment below is reversed, and the case is remanded for consideration on the merits.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Murray v. Louie L. Wainwright, 450 F.2d 465 (5th Cir. 1971)
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Buster O'Neal v. Smith, 413 F.2d 269 (5th Cir. 1969)