Roy Karem George v. William C. Seabold

MERRITT, Chief Judge.

In this habeas corpus action, the warden appeals the District Court’s partial granting of the writ. The petitioner, Roy George, has raised a serious due process claim with respect to his sentence, but because the petitioner has failed to exhaust his state remedies with respect to this due process claim, we reverse the District Court’s judgment and remand with instructions to dismiss the petition so that the petitioner may file a motion to correct his sentence under Ky.R.Crim.P. 11.42, as suggested by the Kentucky Court of Appeals in its order of August 17, 1988. 1

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As a…