United States First Circuit

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Fusi v. O'Brien, 09-1060

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