United States Eighth Circuit

In a habeas petition seeking to overturn a state court's order that petitioner be civilly committed as a sexually psychopathic personality and a sexually dangerous person, the denial of the petition is affirmed where: 1) petitioner's subject matter jurisdiction claim was subject to procedural default; and 2) the exhaustion doctrine prevented the court of appeals from considering whether the failure of defendant's attorney to file a timely appeal constitutes cause for his procedural default and resulted in actual prejudice.

Appellate Information

• Decided 10/08/2009
• Published 10/08/2009

Judges

• SMITH, Circuit Judge., Before SMITH, and SHEPHERD, Circuit Judges, and LIMBAUGH, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Daniel E. Gustafson, argued, James W. Anderson, Michelle J. Peterson, on the brief, Minneapolis, MN, for appellant.


• For Appellees:
  
• Angela Helseth Kiese, AAG, argued, St. Paul, MN, for appellee.