BROWN v. SHANKS

No. 98-2138.

185 F.3d 1122 (1999)

William A. BROWN, Petitioner-Appellant, v. John SHANKS, Warden; Attorney General State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

August 3, 1999.


Attorney(s) appearing for the Case

Michael A. Keefe, Assistant Federal Public Defender, Albuquerque, New Mexico, for Petitioner-Appellant.

Ann M. Harvey, Assistant Attorney General (Tom Udall, Attorney General, with her on the brief), Santa Fe, New Mexico, for Respondents-Appellees.

Before ANDERSON, TACHA, and BALDOCK, Circuit Judges.


BALDOCK, Circuit Judge.

Petitioner William A. Brown appeals the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Our jurisdiction arises under 28 U.S.C. § 2253.1 We reverse and remand with instructions that the petition be dismissed for failure to exhaust state court remedies.

I. Background

On September 8, 1994, authorities charged Petitioner in a criminal information with...

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