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DUVALL v. PURKETT

No. 93-1778.

15 F.3d 745 (1994)

Harold Lee DUVALL, Appellant, v. James D. PURKETT, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 31, 1994.

Attorney(s) appearing for the Case

Robert J. Thomas Jr., St. Louis, MO, argued, for appellant.

John W. Simon, Asst. Atty. Gen., Jefferson City, MO, argued, for appellee.

Before FAGG, BOWMAN, and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

This case again raises issues of exhaustion of state remedies and procedural default when a Missouri inmate seeks federal habeas corpus relief without having filed a post-conviction motion under Missouri Supreme Court Rule 24.035. We now have the benefit of a significant clarification of Missouri law on this subject. See Simmons v. White, 866 S.W.2d 443 (Mo.Sup.Ct.1993).

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