BAKER v. LEE

No. 24557.

384 F.2d 703 (1967)

Phillip BAKER, Appellant, v. A. Frank LEE, Prison Commissioner et al., Appellees.

United States Court of Appeals Fifth Circuit.

October 27, 1967.


Attorney(s) appearing for the Case

Phillip Baker, pro se.

MacDonald Gallion, Atty. Gen., John C. Tyson, III, Asst. Atty. Gen., Montgomery, Ala., for appellees.

Before GEWIN, BELL and AINSWORTH, Circuit Judges.


PER CURIAM:

Appellant's petition for writ of habeas corpus was denied without a hearing for failure of appellant to exhaust his state remedies.

We reverse and remand for the following reasons: There was no state remedy available to appellant at the time the federal habeas corpus petition was filed, and the District Court failed to find that appellant had deliberately bypassed the orderly procedure of the state court and in so doing forfeited such remedies...

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