Grass v. Reitz

GRUENDER, Circuit Judge.

Lloyd Grass, a person committed to the custody of the Missouri Department of Mental Health, appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition for failure to exhaust state remedies. Because we conclude that Grass has exhausted the claim he raises in his petition, we reverse.

I. BACKGROUND

In 1992, Grass stabbed his wife to death. The State of Missouri charged him with first-degree murder. After a mental evaluation, Grass was diagnosed with Psychotic Disorder, Not Otherwise Specified, In Partial Remission. Following this diagnosis, Grass’s plea of not…