PURNELL v. MISSOURI DEPT. OF CORRECTIONS

No. 84-1150.

753 F.2d 703 (1985)

Maurice PURNELL, Appellant, v. MISSOURI DEPARTMENT OF CORRECTIONS, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 1, 1985.


Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., Rosalynn Van Heest, Asst. Atty. Gen., Jefferson City, Mo., for appellees.

F. Vincent Vatterott, St. Louis, Mo., for appellant.

Before BRIGHT, JOHN R. GIBSON and FAGG, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Maurice Purnell appeals from denial of his petition for habeas corpus brought under 28 U.S.C. § 2254 (1982). The district court dismissed the petition because there had not been full exhaustion of the petition's claims in state court and because the state's inadvertent waiver of the exhaustion requirement was not effective. We conclude that the waiver was effective and remand with directions...

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