Legal Opinion
Lowell Woods v. Michael L. Kemna, Western Missouri Correctional Center
Court of Appeals for the Eighth Circuit
Decided January 13, 1994No. 92-3376PublishedCited by 12 opinions
1Opinion of the Court
BEAM, Circuit Judge.
Lowell Woods appeals the district court’s denial of his pro se 28 U.S.C. § 2254 petition for a writ of habeas corpus. The district court denied Woods’s petition, without an evidentiary hearing, because it found all of Woods’s claims to be barred by the Missouri escape rule. We agree that the district court could not address Woods’s claims, but for reasons of nonexhaustion rather than because of the escape rule or procedural bar. We therefore vacate the district court’s order of denial and remand for entry of an order of dismissal without prejudice.
I. BACKGROUND
In 1987,…
2Cases cited7 opinions
- Ortega-Rodriguez v. United StatesSupreme Court of the United States · 1993
- State v. ThompsonSupreme Court of Missouri · 1983
- Stradford v. StateMissouri Court of Appeals · 1990
- Reimers v. Frank B. Connet Lumber CompanySupreme Court of Missouri · 1954
- Robert Barks v. William Armontrout, WardenCourt of Appeals for the Eighth Circuit · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Warren Wesley Summerlin v. Terry L. Stewart, Director of Arizona Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2003
- Elbert Whaley Jones v. Gary Jerrison, Parole Officer Cranston Mitchell, Board of Probation and Parole and the Attorney General of MissouriCourt of Appeals for the Eighth Circuit · 1994
- Lynda Branch v. William R. Turner, Superintendent, Renz Correctional Center William Webster, Attorney General of the State of MissouriCourt of Appeals for the Eighth Circuit · 1994
- Marvin Gene Pearson v. Larry Norris, Director, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1995
- Victor v. HopkinsDistrict Court, D. Nebraska · 1995
7 more not listed; retrieve them via the Exa API.