TYLER v. SWENSON

No. 75-1085.

527 F.2d 877 (1976)

Melvin Leroy TYLER, Appellant. v. Harold R. SWENSON, Warden, Missouri State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 6, 1976.

Rehearing and Rehearing Denied January 30, 1976.


Attorney(s) appearing for the Case

Michael A. Gross, Clayton, Mo., for appellant.

Robert Presson, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

Before GIBSON, Chief Judge, and LAY and STEPHENSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied January 30, 1976.

STEPHENSON, Circuit Judge.

The critical issue in this habeas corpus appeal, brought under 28 U.S.C. § 2254, is whether petitioner is entitled to have his state court sentence reconsidered because the state trial court considered an invalid robbery conviction in imposing sentence. We find that petitioner Melvin Leroy Tyler has failed to exhaust his available state remedies with regard to this issue...

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