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FINLAYSON v. STATE

No. 19-4151.

6 F.4th 1235 (2021)

Jeffery Russell FINLAYSON, Petitioner-Appellant, v. STATE of Utah, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED July 28, 2021.

Attorney(s) appearing for the Case

Andrew Parnes , the Law Office of Andrew Parnes, Ketchum, Idaho, for Petitioner-Appellant Jeffery Russell Finlayson.

Erin Riley , Assistant Solicitor General, Salt Lake City, Utah, ( Sean D. Reyes , Attorney General, Salt Lake City, Utah, with her on the brief) for Respondent-Appellee State of Utah.

Before HOLMES, BACHARACH, and CARSON, Circuit Judges.

A Utah state court dismissed Petitioner Jeffery Russell Finlayson's habeas corpus proceeding for failure to prosecute. After appealing that decision, Petitioner brought a petition in federal court under 28 U.S.C. § 2254. But the district court found the state court's dismissal procedurally barred federal relief. So the...

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