United States Eighth Circuit

District court did not err in holding in abeyance a death-row inmate's habeas petition that contains an unexhausted claim. Because the unexhausted claim was raised by the district court on its own motion, and because the outright dismissal of the petition would have left the prisoner with no ability to file a timely habeas, the circumstances of the case are truly exceptional.

Appellate Information

• Decided 01/14/2004
• Published 01/14/2004

Judges

Court

• United States Eighth Circuit

Counsel