Gallup v. Thalacker

Per Curiam. During the pendency of this appeal, the respondent filed a motion to remand or dismiss for failure to exhaust state remedies.
The basis of the motion is that petitioner has filed a state post-conviction action attacking the underlying conviction in
the case we here decide but on different grounds than the exhausted issue before us. Before final submission to this panel,
the petitioner dismissed the petition pending in state court.