DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

112874P.pdf   12/16/2013  Reginald Morgan  v.  Laurent Javois
   U.S. Court of Appeals Case No:  11-2874
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Colloton, Author, with Loken and Benton, Circuit Judges] Prisoner case - Habeas. While the district court erred in dismissing Morgan's writ application on the ground it was a second or successive application and thus barred by 28 U.S.C. Sec. 2244(b), the dismissal is affirmed on the alternative ground Morgan procedurally defaulted his claims by failing to exhaust properly his state remedies. 112874U.pdf 06/22/2012 Reginald Morgan v. Laurent Javois U.S. Court of Appeals Case No: 11-2874 U.S. District Court for the Eastern District of Missouri - St. Louis [UNPUBLISHED] [Per Curiam - Before Smith, Arnold and Benton, Circuit Judges]
Prisoner case - habeas. Morgan's current petition is not a successive petition because his claim based on his 2008 petition for conditional discharge had not arisen when he filed his first section 2254 petition in 2005; Morgan stated a facially plausible due process claim under Foucha v. Louisiana, 504 U.S. 71 (1992), and the district court's denial of his petition is reversed and the case remanded for further proceedings.