Holland v. Swenson

MEMORANDUM AND ORDER DISMISSING PETITION FOR HABEAS CORPUS WITHOUT PREJUDICE

JOHN W. OLIVER, District Judge.

I

This State prisoner habeas corpus case presents an exhaustion question which arises with some frequency in this Court. We therefore deem it appropriate to file a full memorandum opinion. The question presented is whether a State prisoner who has unsuccessfully sought postconviction relief in the State trial and appellate courts pursuant to one or more motions filed pursuant to old Missouri Rule 27.26, V.A.M.R. (before its 1967 amendment) must nevertheless exhaust his currently available…