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GRASS v. REITZ

No. 10-1981.

643 F.3d 579 (2011)

Lloyd GRASS, Appellant, v. Robert REITZ, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 5, 2011.

Attorney(s) appearing for the Case

Susan Kelsey Eckles , argued, Overland, MO, for appellant.

Stephen David Hawke , AAG, argued, Jefferson City, MO, for appellee.

Before BYE, COLLOTON, and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Lloyd Grass, a person committed to the custody of the Missouri Department of Mental Health, appeals the district court's dismissal of his 28 U.S.C. § 2254 petition for failure to exhaust state remedies. Because we conclude that Grass has exhausted the claim he raises in his petition, we reverse.

I. BACKGROUND

In 1992, Grass stabbed his wife to death. The State of Missouri charged him with first-degree murder. After a...

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