Kenneth Wayne O'Guinn v. Michael Dutton, Cross-Appellee

I concur in the Court’s per curiam opinion on the requirement to exhaust state judicial remedies. Our judgment in effect remands the case to the state courts for further examination of the issues.1 I have now heard this case twice, once when it was argued before the panel and again when it was argued era bane, and I have studied it closely. In my view, after all is said and done in the state and federal courts, there must be a new trial. Because this case is complex, and the interplay of the factual and constitutional issues difficult to grasp immediately, I write separately to record for…