Legal Opinion
John D. Pruitt v. Terrell Don Hutto
Court of Appeals for the Eighth Circuit
Decided February 3, 1977No. 76-1062PublishedCited by 5 opinions
1Opinion of the Court
ORDER
We have granted appellant, John Pruitt, an extension of time to file a petition for rehearing in this case. The petition has been filed and considered by this court and we hereby withdraw that portion of our original opinion, 542 F.2d 458, in this case relating to the exhaustion of state remedies on Pruitt’s identification issue. It appears that state prisoners may be precluded by Arkansas law from filing a second post-conviction petition in state courts under Rule 37 of the Arkansas Supreme Court’s Rules of Criminal Procedure. Winberry v. State, 256 Ark. 65, 505 S.W.2d 497 (1974).…
2Cases cited2 opinions
- John D. Pruitt v. Terrell Don Hutto, Commissioner, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1976
- Winberry v. StateSupreme Court of Arkansas · 1973
3Cited by5 opinions
- Zemina v. SolemDistrict Court, D. South Dakota · 1977
- Denver Witham v. James Mabry, Commissioner, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1979
- John D. Pruitt v. Terrell Don HuttoCourt of Appeals for the Eighth Circuit · 1978
- John David Pruitt v. Vernon Housewright, Director, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1980
- John David Pruitt v. Vernon Housewright, Director, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1980