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HAMPTON v. MILLER

Nos. 90-1238, 90-1274.

927 F.2d 429 (1991)

Timothy Jack HAMPTON, Appellant, v. David MILLER and William L. Webster, Missouri Attorney General, Appellees. Timothy Jack HAMPTON, Appellee, v. David MILLER, Appellant. William L. Webster, Missouri Attorney General.

United States Court of Appeals, Eighth Circuit.

Decided March 8, 1991.

Attorney(s) appearing for the Case

Curtis E. Woods, Kansas City, Mo., for appellant.

Ronald L. Jurgeson, Jefferson City, Mo., for appellees.

Before JOHN R. GIBSON and BEAM, Circuit Judges, and HEANEY, Senior Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

Timothy Jack Hampton appeals from dismissal without prejudice of his petition for writ of habeas corpus brought under 28 U.S.C. § 2254 (1988) for failure to exhaust state remedies. He argues that the State waived the issue of exhaustion, and in the alternative, that requiring him to pursue a remedy in state courts would be futile. We conclude that the State waived the exhaustion requirement...

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