United States Eighth Circuit

Under Nebraska law, a convicted defendant must file a petition for review in the Nebraska Supreme Court in order to exhaust his state judicial remedies; when a petition contained both exhausted and unexhausted claims, the district court did not abuse its discretion in not granting a stay sua sponte.

Appellate Information

• Decided 09/02/2003
• Published 09/02/2003

Judges

• HANSEN, Circuit Judge., Before LOKEN, Chief Judge, HANSEN and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Raymond J. Rigat, argued, Clinton, Connecticut, for appellant.


• For Appellees:
  
• J. Kirk Brown, Assistant Attorney General, argued, Lincoln, Nebraska (Don Stenberg and Marilyn B. Hutchinson. on the brief), for appellee.