United States First Circuit

District court's denial of defendant's request for habeas relief from his rape conviction is vacated and remanded as the district court should have dismissed the petition without prejudice because the defendant failed to exhaust his ineffective assistance of counsel claim in state court.

Appellate Information

• Decided 09/16/2010
• Published 09/16/2010

Judges

• GAJARSA

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Bernard Grossberg, Jessica V. Barnett