William G. Brinks v. State of Georgia

Fifth Circuit

William G. Brinks v. State of Georgia

512 F.2d 673, 1975 U.S. App. LEXIS 14891

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 30, 1975

Docket74-4238

StatusPublished

Cited by2 cases

This text of 512 F.2d 673 (William G. Brinks v. State of Georgia) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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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.

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Bluebook (online)

512 F.2d 673, 1975 U.S. App. LEXIS 14891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-g-brinks-v-state-of-georgia-ca5-1975.

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