William G. Brinks v. State of Georgia

U.S. Court of Appeals for the Fifth Circuit
William G. Brinks v. State of Georgia, 512 F.2d 673 (5th Cir. 1975)
1975 U.S. App. LEXIS 14891

William G. Brinks v. State of Georgia

Opinion

PER CURIAM:

Petitioner raises a number of points in this 28 U.S.C. § 2254 action. Unfortunately, as the district court noted, petitioner has failed to exhaust his state remedies with respect to two of these purported errors, the question of whether the state trial court properly allowed the indictment to go to the jury room without proper instructions, and the *674 question of whether the trial judge’s failure to sequester the jury violated petitioner’s right to due process. Since that is the case, we remand this case to the district court with instructions that it dismiss the petition without prejudice in order to enable petitioner to seek relief in the Georgia courts. See Harris v. Estelle, 5 Cir. 1974, 487 F.2d 1293; Hargrett v. Wainwright, 5 Cir. 1973, 474 F.2d 987.

Vacated and remanded.

Reference

Full Case Name
William G. BRINKS, Petitioner-Appellant, v. STATE OF GEORGIA, Respondent-Appellee
Cited By
2 cases
Status
Published