United States Eighth Circuit

A prisoner who files a habeas petition that challenges the execution of his sentence and validity of a conviction previously challenged has the option of having the exhausted conviction claims dismissed and proceeding with the unexhausted sentence claims.

Appellate Information

• Decided 07/24/2001
• Published 07/24/2001

Judges

• BYE, Circuit Judge., Before BYE and BEAM, Circuit Judges, and MELLOY, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jeffrey W. Hatfield, argued, Fayetteville, AR, for appellant.


• For Appellees:
  
• O. Milton Fine, Asst. Attorney General, argued, Little Rock, AR, for appellee.