Faron Joseph Bear v. Bobby Boone, Warden, Mack Alford Correctional Center Attorney General of the State of Oklahoma

BALDOCK, Circuit Judge.

Petitioner Faron Joseph Bear appeals the district court’s order dismissing his 28 U.S.C. § 2254 petition for a writ of habeas corpus. On appeal, Petitioner argues that the district court incorrectly dismissed his petition for failure to exhaust state court remedies. Our jurisdiction arises under 28 U.S.C. § 1291. We reverse and remand for further proceedings.

I

On July 30, 1993, Oklahoma state prosecutors charged Petitioner with first-degree rape, after former conviction of two felonies. The case proceeded to trial before a jury. At the close of trial, the trial judge…