Legal Opinion
Hampton v. Miller
Court of Appeals for the Eighth Circuit
Decided March 8, 1991No. Nos. 90-1238, 90-1274PublishedCited by 14 opinions
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge.
Timothy Jack Hampton appeals from dismissal without prejudice of his petition for writ of habeas corpus brought under 28 U.S.C. § 2254 (1988) for failure to exhaust state remedies. He argues that the State waived the issue of exhaustion, and in the *430alternative, that requiring him to pursue a remedy in state courts would be futile. We conclude that the State waived the exhaustion requirement in its pleadings, and we remand to the district court for further proceedings.
Hampton pled guilty in the circuit court of Livingston County, Missouri to two counts of selling…
2Cases cited11 opinions
- Murray v. CarrierSupreme Court of the United States · 1986
- Wainwright v. SykesSupreme Court of the United States · 1977
- Prado McGee Jr. v. W.J. Estelle, Jr., Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1984
- White v. StateSupreme Court of Missouri · 1989
- Maurice Purnell v. Missouri Department of CorrectionsCourt of Appeals for the Eighth Circuit · 1985
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Jeffrey Paul Sloan v. Paul Delo, SuperintendentCourt of Appeals for the Eighth Circuit · 1995
- Clarence Victor v. Frank X. HopkinsCourt of Appeals for the Eighth Circuit · 1996
- Lloyd Eugene Schlup v. Bill Armontrout, WardenCourt of Appeals for the Eighth Circuit · 1991
- Harold Lee Duvall v. James D. PurkettCourt of Appeals for the Eighth Circuit · 1994
- Sterling Dickens v. Bill ArmontroutCourt of Appeals for the Eighth Circuit · 1991
9 more not listed; retrieve them via the Exa API.