Smith v. Digmon, 434 U.S. 332 (1978)

Smith v. Digmon

No. 76-6799

Decided January 16, 1978
434 U.S. 332

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE FIFTH CIRCUIT

Syllabus

In denying petitioner state prisoner’s federal habeas corpus petition, the District Court erred in refusing to entertain petitioner’s claim of constitutional error at his Alabama state trial, on the ground that the exhaustion requirement of 28 U.S.C. § 2254(b) had not been satisfied because such claim had not been presented to any state court where, although the Alabama Court of Criminal Appeals had not referred to the claim in its opinion affirming petitioner’s conviction, the claim in fact had been submitted in petitioner’s brief and answered in the State’s brief in that court.

Certiorari granted; reversed and remanded.