Jones v. Solem

ARNOLD, Circuit Judge.

Donna Jones, a state prisoner, appeals from the denial of her petition for habeas *330corpus. The District Court1 dismissed her petition on the ground that Jones had failed to exhaust state remedies. For reversal she contends that the exhaustion requirement should be excused because the State Circuit Court’s delay in ruling on her post-conviction motion, together with the length of time the South Dakota Supreme Court is likely to take to process her appeal, will effectively deny her a state remedy, because she will be eligible for parole before or shortly after the appeal…