Rule 8.03B: Exhaustion of State Remedies in Criminal Cases

(a)   Exhaustion. In all appeals from criminal convictions or post-conviction relief on or after July 1, 2018, a party is not required to petition for Supreme Court review under Rule 8.03 from an adverse decision of the Court of Appeals to exhaust all available state remedies respecting a claim of error. Rather, when a claim has been presented to the Court of Appeals and relief has been denied, the party is deemed to have exhausted all available state remedies.

(b)   Savings Clause. If a party’s petition for federal habeas corpus is dismissed or denied for failure to exhaust state remedies based on a decision that this rule is ineffective, the party will have 30 days from the date of such dismissal or denial to file in the state case:

(1)   a motion to recall the mandate that attaches a copy of the federal decision; and          
                                                
(2)   a petition for review in compliance with Rule 8.03 presenting any claim of error not previously presented in reliance on this rule.

[History: New rule effective July 1, 2018.]