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ELLIS v. BOLES

Civ. A. No. 436-E.

251 F.Supp. 1021 (1966)

Douglas ELLIS, Petitioner, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Respondent.

United States District Court N. D. West Virginia.

March 21, 1966.

Attorney(s) appearing for the Case

John E. Busch, Jr., Elkins, W. Va., for petitioner.

C. Donald Robertson, Atty. Gen., of West Virginia, George H. Mitchell, Asst. Atty. Gen., Charleston, W. Va., for respondent.

MAXWELL, Chief Judge.

Petitioner is serving a one to ten year sentence in the West Virginia Penitentiary for grand larceny. Petitioner has sought and been denied habeas corpus relief from the West Virginia Supreme Court. Although Petitioner has failed to exhaust his State remedies under the rule set out in Miller v. Boles, 248 F.Supp. 49 (N.D.W.Va.1965), his petition had matured to the hearing stage before Miller was decided...

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