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SLAYTON V. SMITH, 404 U. S. 53 (1971)

U.S. Supreme Court

Slayton v. Smith, 404 U.S. 53 (1971)

Slayton v. Smith

No. 70-108

Decided November 16, 1971

404 U.S. 53


Court of Appeals, having determined that state remedies had not been exhausted by respondent, whose habeas corpus petition alleged that he had been tried and sentenced by a senile state judge, should not have made implications as it did as to merits of the delicate subject involved and, absent special circumstances, should not have ordered the District Court, which had dismissed the petition, to retain the case on its docket until respondent had sought state court relief.

Certiorari granted; 435 F.2d 453, vacated and remanded.

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