Smith v. Wyrick

MEMORANDUM OPINION AND ORDER

JOHN W. OLIVER, Senior District Judge.

I

This State prisoner habeas corpus case presents an important exhaustion question not heretofore considered by this Court. The narrow question presented is how, under present Missouri law, a State prisoner may exhaust his available State postconviction remedies in regard to a claim that he was denied the effective assistance of counsel on appeal.

In its initial response to our order to show cause the Attorney General’s office took the position that “respondent will not address the merits of petitioner’s allegations at this time…