Order dated October 23, 2001 re: Rule 83.04 Transfer by This Court After Opinion by Court of Appeals

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Supreme Court of Missouri
en banc

October 23, 2001


In re:

Exhaustion of remedies in criminal cases

ORDER

In order to state the existing law in Missouri, the Court notes that transfer of a case from the court of appeals to this Court is an extraordinary remedy that is not part of the standard review process for purposes of federal habeas corpus review.  To reflect this principle, it is ordered that effective July 1, 2002, subdivision 83.04, entitled "Transfer by This Court After Opinion by Court of Appeals," of Rule 83, entitled "Transfers from District of Court of Appeals to this Court and Related Matters -- Procedure in the Supreme Court, " shall be amended by adding the following as the first sentence of the subdivision:


Day - to - Day

___________________________  
STEPHEN N. LIMBAUGH, JR.  
Chief Justice
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