Turner v. Wainwright

Full title: JOHN JAMES TURNER, PETITIONER-APPELLANT, v. LOUIE L. WAINWRIGHT, DIRECTOR…

Court: United States Court of Appeals, Fifth Circuit

Date published: Mar 27, 1979

594 F.2d 43 (5th Cir. 1979)

Opinion

No. 76-4119.

March 27, 1979.

Appeal from the United States District Court for the Middle District of Florida.

On Petition for Rehearing

Before COLEMAN, GODBOLD and TJOFLAT, Circuit Judges.

BY THE COURT:

Ruling on this petition was held pending a review by the en banc Court of the panel opinion in Stinson v. State of Alabama, 5 Cir. 1977, 545 F.2d 485. The en banc opinion, reported at 582 F.2d 377, remanded Stinson to the panel for consideration in light of the decision in Galtieri v. Wainwright, 5 Cir. 1978, 582 F.2d 348 (en banc).

Having applied the Galtieri standards to the matter before us, we deny the petition. Turner's petition to the district court for the writ of habeas corpus was a "mixed" one, containing both exhausted and unexhausted issues.

The policy in this circuit is that a federal district court must dismiss without prejudice a "mixed" petition for a writ of habeas corpus. Galtieri at 355.

REHEARING DENIED.