DIXON v. DORMIRE

Nos. 00-1215, 00-1907, 00-2047.

263 F.3d 774 (2001)

Anthony M. DIXON, Appellant, v. Dave DORMIRE, Superintendent, Appellee. George J.L. Barton, Appellant, v. James Gammon, Appellee. Freddie C. Russell, Appellant, v. Mike Kemna; Jeremiah (Jay) Nixon, Attorney General State of Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 20, 2001.


Attorney(s) appearing for the Case

David L. Gallego, argued, St. Louis, MO, for appellant Dixon.

Elizabeth U. Carlyle, Lee's Summit, MO, for appellant Barton.

Jerry L. Anderson, Des Moines, IA, for appellant Russell.

Cassandra K. Dolgin, Asst. MO Atty. Gen., argued, Jefferson City, MO, for appellee.

Before WOLLMAN, Chief Judge, HANSEN and MURPHY, Circuit Judges.


HANSEN, Circuit Judge.

Anthony M. Dixon, George J.L. Barton, and Freddie C. Russell appeal district court orders denying their motions for habeas corpus relief pursuant to 28 U.S.C. § 2254. In each case, the district court found that the claims the petitioner raised were barred because the petitioner had not pursued them by seeking discretionary review before the state's highest court. We reverse and remand for further consideration.

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