United States Eighth Circuit

Under Missouri law, state's practice of not asserting exhaustion defense to habeas cases, for failing to seek a transfer to Missouri Supreme court, will preclude them from raising that defense, even if a habeas petitioner sought transfer of some of his claims.

Appellate Information

• Decided 01/09/2002
• Published 01/09/2002

Judges

• WOLLMAN, Chief Judge., Before WOLLMAN, Chief Judge, JOHN R. GIBSON, and FAGG, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Christopher J. Angles, argued, Kansis City, MO, for appellant.


• For Appellees:
  
• Stephen D. Hawke, argued, Jefferson City, MO, for appellee.