Charles A. Porter v. Louie L. Wainwright, Director, Division of Corrections, State of Florida
U.S. Court of Appeals for the Fifth Circuit
Charles A. Porter v. Louie L. Wainwright, Director, Division of Corrections, State of Florida, 439 F.2d 264 (5th Cir. 1971)
1971 U.S. App. LEXIS 11829
Charles A. Porter v. Louie L. Wainwright, Director, Division of Corrections, State of Florida
Opinion
This appeal is taken from an order of the District Court denying the petition of a Florida state prisoner for the writ of habeas corpus. We affirm.
In this habeas corpus case the United States District Court denied relief on the ground that Porter had failed to exhaust state remedies. A study of the record reveals that this, indeed, is true. Porter’s allegations with reference to the denial of a direct appeal have never been considered by a state appellate court, see 28 U.S.C. § 2254; Wheeler v. Beto, 5 Cir., 1969, 407 F.2d 816; Harrison v. Wainwright, 5 Cir., 1970, 424 F.2d 633.
Affirmed.
Reference
- Full Case Name
- Charles A. PORTER, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee
- Cited By
- 1 case
- Status
- Published