Dr. Richard P. Mucie v. Missouri State Department of Corrections
Court of Appeals for the Eighth Circuit
1Opinion of the Court
LAY, Circuit Judge.
The United States District Court for the Western District of Missouri, the Honorable William H. Becker, Chief Judge, presiding, denied Dr. Richard P. Mucie’s motion for habeas corpus under 28 U.S.C. § 2254 on the ground that he had failed to exhaust his state remedies. This appeal followed. We reverse and remand to the district court to give immediate review of Dr. Mucie’s petition.
In 1968 petitioner was convicted in the Missouri state court of manslaughter-abortion under Mo.Rev.Stat. § 559.100 (1959). Throughout his trial and appeal Dr. Mucie challenged the…
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