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CARMICHAEL v. WHITE

No. 98-2775EM.

163 F.3d 1044 (1998)

Ricardo CARMICHAEL, Appellee, v. Carl WHITE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 23, 1998.

Attorney(s) appearing for the Case

Walter H. Ohar, St. Louis, MO, argued, for Appellee.

Stacy Anderson, Jefferson City, MO, argued, for Appellant.

Before FAGG, HEANEY, and WOLLMAN, Circuit Judges.

FAGG, Circuit Judge.

Missouri prisoner Ricardo Carmichael filed this federal habeas action asserting his 1997 probation revocation proceedings did not comply with procedural due process. In response, the State of Missouri asserted that Carmichael had not exhausted his state-court remedies under Missouri Supreme Court Rule 91, and that there is no time limitation for filing a Rule 91 petition. Carmichael conceded he had mistakenly...

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