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WHITE v. LANE

No. 14004.

321 F.2d 298 (1963)

Archie A. WHITE, Petitioner-Appellant, v. Ward LANE, as Warden of Indiana State Prison, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied August 16, 1963.

Attorney(s) appearing for the Case

Porter R. Draper, Gary, Ind., for appellant.

William D. Ruckelshaus, Asst. Atty. Gen., Edwin K. Steers, Atty. Gen. of Indiana, Indianapolis, Ind., for respondent-appellee.

Before SCHNACKENBERG, CASTLE and SWYGERT, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Archie A. White, petitioner, has appealed from an order of the district court entered June 15, 1962, which denied his petition for a writ of habeas corpus "for the reason that the petition fails to set forth facts showing that petitioner exhausted the remedies available to him in the courts of the State of Indiana, namely a belated appeal. Burns' Ann.Statutes § 9-3305 (1956 Repl.)."

The district court denied a certificate...

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