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Michael Hayes filed a habeas petition challenging his 1988 conviction, but while the petition was pending, the state appeals court reversed the conviction and remanded for a new trial. Hayes was retried in 1993 and convicted again. The district court denied the habeas petition, finding Hayes was no longer in custody due to the 1988 conviction and had not exhausted state remedies for the 1993 conviction. The appellate court vacated the denial and remanded with instructions to dismiss the petition as moot, as

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Scribd Government Docs

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