United States Eighth Circuit

District court erred in dismissing defendant's second habeas petition for failure to exhaust state remedies where a defendant who presents a mixed petition should be allowed to amend his petition to include only his exhausted claims.

Appellate Information

• Decided 09/07/2004
• Published 09/07/2004

Judges

• MORRIS SHEPPARD ARNOLD, Circuit Judge., Before: MORRIS SHEPPARD ARNOLD, FAGG, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael R. Schechter, argued, Wayzata, MN, for appellant.


• For Appellees:
  
• Scott A. Buhler, argued, Crookston, MN (Greg Widseth of Crookston, MN, on the brief), for appellee.