(DOWNLOAD) "Turner v. Bagley" by United States Court of Appeals for the Tenth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Turner v. Bagley
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 21, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Victor Turner appeals from the district courts denial of his petition for habeas corpus under 28 U.S.C. § 2254. Turner argues that the exhaustion requirement of 28 U.S.C. § 2254(b)(1)(A) should be excused due to the failure of his state-appointed attorneys and the Ohio State Court of Appeals to adjudicate his direct appeal for more than eight years following his conviction. The respondent State of Ohio argues that Turners petition was properly dismissed because the Ohio Court of Appeals subsequently affirmed his conviction while his appeal from the district courts dismissal of the petition for habeas corpus was pending in this Court. In addition, the respondent contends Turner did not exhaust his state remedies by failing to go to the Ohio Supreme Court. The issue on appeal is whether the district court properly dismissed Turners habeas corpus petition for lack of exhaustion. For the reasons that follow, we conclude that dismissal was not proper. Therefore, we REVERSE the judgment of the district court and grant an unconditional writ of habeas corpus.
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