FETTERLY v. PASKETT

No. 90-35627.

163 F.3d 1144 (1998)

Donald Kenneth FETTERLY, Petitioner-Appellant, v. Dave PASKETT, Warden, Idaho State Prison; and Alan G. Lance, Attorney General of the State of Idaho, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred July 9, 1993

Resubmitted November 30, 1998.

Decided December 31, 1998.


Attorney(s) appearing for the Case

Thomas J. McCabe, Westberg, McCabe & Collins, Boise, Idaho; David J. Burman, Perkins Coie, Seattle, Washington, for the petitioner-appellant.

Lynn E. Thomas, Solicitor General, Office of the Attorney General of the State of Idaho, Boise, Idaho, for the respondents-appellees.

Before: SCHROEDER, LEAVY, and TROTT, Circuit Judges.


TROTT, Circuit Judge:

In 1993, we entertained an appeal by petitioner Fetterly from a denial by the district court of his petition for a writ of habeas corpus. Rather than decide the substantive claims in his petition, however, we deferred submission and issued a limited remand to the district court for further proceedings. We concluded that the district court erred in denying Fetterly a stay he requested in order to exhaust in state court newly identified federal...

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