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WARD v. HOBBS

No. 12-3586.

738 F.3d 915 (2013)

Brian WARD, Plaintiff-Appellant, v. Ray HOBBS, Director, Arkansas Department of Correction, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 26, 2013.

Attorney(s) appearing for the Case

Walter Craig Lambert , argued, North Little Rock, AR, for Appellant.

Lauren Elizabeth Heil , AAG, argued, Little Rock, AR, for Appellee.

Before LOKEN, COLLOTON, and BENTON, Circuit Judges.

COLLOTON, Circuit Judge.

Brian Ward entered pleas of nolo contendere to rape and second-degree sexual abuse in Arkansas state court. He later petitioned for a writ of habeas corpus in the district court, pursuant to 28 U.S.C. § 2254. The district court dismissed the petition with prejudice on two alternative grounds: that Ward had procedurally defaulted his claims in state court and that the claims lacked merit. The court then granted a certificate of...

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