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RHINES v. WEBER

No. 02-2990.

346 F.3d 799 (2003)

Charles Russell RHINES, Petitioner-Appellee, v. Douglas WEBER, Warden, South Dakota State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 7, 2003.

Rehearing and Rehearing Denied: November 24, 2003.

Attorney(s) appearing for the Case

Craig M. Eichstadt, Pierre, SD (Mark Barnett, on the brief), for appellee.

Roberto A. Lange, Sioux Falls, SD (John A. Schlimgen, on the brief), for appellee.

Before LOKEN, Chief Judge, BRIGHT and MURPHY, Circuit Judges.

Rehearing and Rehearing En Banc Denied: November 24, 2003.

PER CURIAM.

South Dakota inmate Charles Russell Rhines filed this petition for a writ of habeas corpus, alleging that numerous constitutional errors infected his 1993 first-degree murder conviction. The district court entered an order declaring that Rhines failed to exhaust some federal claims and that non-futile state court remedies may still be available to him. The court stayed all claims pending...

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