Lyle E. Nelson v. Herman Solem, Warden, South Dakota State Penitentiary and Mark v. Meierhenry, Attorney General, State of South Dakota

Lyle E. Nelson appeals from the district court’s1 dismissal of his petition for writ of habeas corpus under 28 U.S.C. § 2254. The district court determined that Nelson had failed to exhaust the available state remedies for one of his two claims, and accordingly, dismissed the entire petition as required by Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982). We affirm the district court’s decision.

I. Background.

Nelson is currently serving a seventeen-year sentence in the South Dakota State Penitentiary for grand theft. On December 2, 1981, Nelson filed a federal habeas petition…