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WISE v. WARDEN, MARYLAND PENITENTIARY

No. 86-7076.

839 F.2d 1030 (1988)

James Branch WISE, Petitioner-Appellant, v. WARDEN, MARYLAND PENITENTIARY, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 23, 1988.

Attorney(s) appearing for the Case

Tracy Heffernan Merrill, Student Counsel (Steven H. Goldblatt, Ellen Pearlman, Dori Bernstein, Robyn Nordin, Student Counsel, Appellate Litigation Program, Georgetown University Law Center, on brief) for petitioner-appellant.

Valerie Johnston Smith, Asst. Atty. Gen. (J. Joseph Curran, Jr., Attorney General, Maryland, on brief) for respondent-appellee.

Before WIDENER, ERVIN, and WILKINSON, Circuit Judges.

WILKINSON, Circuit Judge:

This is an appeal of the district court's denial of a petition for a writ of habeas corpus. We reverse and remand with instructions to the district court to dismiss the petition without prejudice so that the petitioner may fully exhaust his state remedies. Because the state courts have not had the opportunity to assess the impact of substantial new evidence upon petitioner's claims, the requirements of the exhaustion doctrine have not been...

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