United States Eighth Circuit

In the state's appeal from the district court's order staying petitioner's federal habeas proceeding, the appeal is dismissed where the collateral order doctrine did not apply because the disputed issue – whether petitioner's unexhausted claims were procedurally defaulted – could be addressed in an appeal from a final order.

Appellate Information

• Decided 08/12/2010
• Published 08/12/2010

Judges

• Kermit M. Bye

Court

• United States Eighth Circuit

Counsel