David Dill, Jr. v. Arnold Holt, 371 F.3d 1301 (11th Cir. 2004). · Go Syfert
David Dill, Jr. v. Arnold Holt, 371 F.3d 1301 (11th Cir. 2004). Cases Citing This Book View Copy Cite
55 citation events (55 in the last 25 years) across 11 distinct courts.
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Mark Anthony Hines v. Joseph Headley, et al.
M.D. Ala. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a complete round of the state appellate process includes discretionary appellate review 'when that review is part of the ordinary appellate review procedure in the state.
discussed Cited as authority (verbatim quote) Johnny Ray Wilson v. Antonio McClain, et al.
M.D. Ala. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a complete round of the state appellate process includes discretionary appellate review 'when that review is part of the ordinary appellate review procedure in the state.
discussed Cited as authority (verbatim quote) Jimmy Derrick Eutsey v. Gwendolyn Davis, et al.
M.D. Ala. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a complete round of the state appellate process includes discretionary appellate review 'when that review is part of the ordinary appellate review procedure in the state.
discussed Cited as authority (verbatim quote) Sanders v. Babers
M.D. Ala. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a complete round of the state appellate process includes discretionary appellate review 'when that review is part of the ordinary appellate review procedure in the state.
discussed Cited as authority (verbatim quote) Sanders v. Babers(INMATE 2)
M.D. Ala. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a complete round of the state appellate process includes discretionary appellate review 'when that review is part of the ordinary appellate review procedure in the state.
discussed Cited as authority (verbatim quote) McLeod v. Alabama Therapeutic Education Facility(INMATE 2)
M.D. Ala. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a complete round of the state appellate process includes discretionary appellate review 'when that review is part of the ordinary appellate review procedure in the state.
discussed Cited as authority (verbatim quote) Appling v. Calloway (INMATE 1)
M.D. Ala. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a complete round of the state appellate process includes discretionary appellate review 'when that review is part of the ordinary appellate review procedure in the state.
examined Cited as authority (verbatim quote) Vasquez v. Florida Department of Corrections
S.D. Fla. · 2020 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
dill, likewise, is in custody pursuant to his original state conviction and sentence, despite the fact that his current incarceration resulted from an administrative proceeding of an executive branch agency revoking his parole instead of a court.
discussed Cited as authority (rule) Rodney Wayne Patterson v. Warden Dewayne Estes (2×)
N.D. Ala. · 2026 · confidence medium
Dill v. Holt, 371 F.3d 1301, 1303 (11th Cir. 2004).
cited Cited as authority (rule) Kenneth Melvin Cherch v. Joy Pace Booth, et al.
M.D. Ala. · 2026 · confidence medium
Dill v. Holt, 371 F.3d 1301, 1302 (11th Cir. 2004).
discussed Cited as authority (rule) Jerry Lee Contreras v. Sheriff David Davis
M.D. Ga. · 2025 · confidence medium
Exhaustion requires that “state prisoners must give the state courts one full opportunity to resolve any constitutional issues by invoking one complete round of the State’s established appellate review process.” O’Sullivan v. Boerckel, 526 U.S. 838, 845 (1999); Dill v. Holt, 371 F.3d 1301, 1303 (11th Cir. 2004) (stating that § 2241 petitioner 3 must exhaust all remedies “available in the courts of the State” (citation omitted)).
discussed Cited as authority (rule) JACKSON v. SAMPSON
M.D. Ga. · 2025 · confidence medium
The Southern District of Georgia then left this Court “to consider whether re- characterization warnings under Castro v. United States, 540 U.S. 375, 381-83 (2003)[] are 2 Regardless of what Petitioner claims, he is “in custody pursuant to a judgment of conviction.” See Dill v. Holt, 371 F.3d 1301, 1303 (11th Cir. 2004) (citation omitted) (holding that petitioner whose parole was revoked was “in custody pursuant to his original state conviction and sentence, despite the fact that his current incarceration resulted from an administrative proceeding of an executive branch agency instead …
cited Cited as authority (rule) Buchanon v. Alabama Bureau of Pardons and Paroles (INMATE 3)(CONSENT)
M.D. Ala. · 2022 · confidence medium
Dill v. Holt, 371 F.3d 1301, 1303 (11th Cir. 2004).
cited Cited as authority (rule) Brown v. State of Alabama (INMATE 3)
M.D. Ala. · 2022 · confidence medium
See Medberry v. Crosby, 351 F.3d 1049, 1059 (11th Cir. 2003); Dill v. Holt, 371 F.3d 1301, 1303 (11th Cir. 2004).
cited Cited as authority (rule) Culver v. Valenza (INMATE 3)
M.D. Ala. · 2021 · confidence medium
Dill v. Holt, 371 F.3d 1301, 1303 (11th Cir. 2004).
discussed Cited as authority (rule) Barnes v. Goggans (INMATE 1)
M.D. Ala. · 2021 · confidence medium
Dill v. Holt, 371 F.3d 1301, 1302 (11th Cir. 2004). “‘[T]he writ of habeas corpus is a single post-conviction remedy principally governed by two different statutes,’ § 2241 and § 2254, with the second of those statutes serving to limit the authority granted in the first one. [Medberry v. Crosby, 351 F.3d 1049, 1059-1062 (11th Cir. 2003)].
discussed Cited as authority (rule) Eiland v. Russell County District Court (INMATE 1)
M.D. Ala. · 2020 · confidence medium
Dill v. Holt, 371 F.3d 1301, 1302 (11th Cir. 2004). “‘[T]he writ of habeas corpus is a single post- conviction remedy principally governed by two different statutes,’ § 2241 and § 2254, with the second of those statutes serving to limit the authority granted in the first one. [Medberry v. Crosby, 351 F.3d 1049, 1059-1062 (11th Cir. 2003)].
cited Cited as authority (rule) Hotchkiss v. Billups
S.D. Ala. · 2019 · confidence medium
Dill v. Holt, 371 F.3d 1301, 1303 (11th Cir. 2004).
cited Cited as authority (rule) James Anthony Price v. Warden
11th Cir. · 2017 · confidence medium
Holt, 371 F.3d 1301, 1303 (11th Cir. 2004).
discussed Cited as authority (rule) Roberto Rodriguez v. Florida Parole Commission
11th Cir. · 2011 · signal: cf. · confidence medium
The former Fifth Circuit explained that in federal parole, the “time spent on parole shall not diminish the sentence where a prisoner has violated his parole and is required to serve the remainder of his sentence.” Clark, 374 F.2d at 953 ; see also Thompson v. Cockrell, 263 F.3d 423, 426 (5th Cir.2001) (holding that Due Process Clause does not require a federal prisoner to receive credit for time spent on supervised release if release is revoked); cf. Dill v. Holt, 371 F.3d 1301, 1303 (11th Cir.2004) (concluding that a state prisoner is in custody pursuant to his original state conviction …
cited Cited as authority (rule) United States v. Laurienti
9th Cir. · 2010 · confidence medium
Olshan, 371 F.3d at 1301; United States v. Fredette, 315 F.3d 1235 , 1244- 45 & n.4 (10th Cir. 2003).
cited Cited as authority (rule) William Hope Davis v. State Board of Pardons
11th Cir. · 2008 · confidence medium
Dill v. Holt, 371 F.3d 1301, 1302-03 (11th Cir.2004) (citing Medberry v. Crosby, 351 F.3d 1049, 1059 (11th Cir. 2003)); 28 U.S.C. § 2254 (b)(1)(A).
discussed Cited as authority (rule) United States Ex Rel. Varner v. Budz
N.D. Ill. · 2005 · confidence medium
Coady v. Vaughn, 251 F.3d 480, 485 (3d Cir.2001); Dill v. Holt, 371 F.3d 1301, 1302-03 (11th Cir.2004); see Medberry v. Crosby, 351 F.3d 1049, 1059-60 (11th Cir.2003) (Section 2254 must apply to petitioners in custody pursuant to a State court judgment, or it-would "serve no function at all”). 3 .
discussed Cited "see" Olan Girard Turner, Jr. v. Captain Jerome Burgess
M.D. Ga. · 2026 · signal: see · confidence high
See Dill v. Holt, 371 F.3d 1301, 1302 (11th Cir. 2004); Gore v. Crews, 720 F.3d 811, 815 (11th Cir. 2013) (noting that a prisoner generally “cannot satisfy the exhaustion requirement if . . . he has failed to avail himself of ‘any available procedure’ by which he has the right to raise his claim in state court”).
cited Cited "see" James Deon Jones v. Lala D. Jones, et al.
M.D. Ga. · 2025 · signal: see · confidence high
See Dill v. Holt, 371 F.3d 1301, 1302 (11th Cir. 2004); Skinner v. Wiley, 355 F.3d 1293, 1295 (11th Cir. 2004) (holding that administrative exhaustion is required “in all habeas cases”).
discussed Cited "see" Luis Alberto Morales v. Warden Teketa Jester, et al.
M.D. Ga. · 2025 · signal: see · confidence high
See Dill v. Holt, 371 F.3d 1301, 1302 (11th Cir. 2004); Skinner v. Wiley, 355 F.3d 1293, 1295 (11th Cir. 2004) (holding that administrative exhaustion is required in all habeas cases), overruled in part on other grounds as recognized by Santiago-Lugo v. Warden, 785 F.3d 467, 472 (11th Cir. 2015).
discussed Cited "see" Rodney Terrance Cheese v. Denise Fachini, et al.
M.D. Ga. · 2025 · signal: see · confidence high
See Dill v. Holt, 371 F.3d 1301, 1302 (11th Cir. 2004); Skinner v. Wiley, 355 F.3d 1293, 1295 (11th Cir. 2004) (holding that administrative exhaustion is required in all habeas cases), overruled in part on other grounds as recognized by Santiago-Lugo v. Warden, 785 F.3d 467, 472 (11th Cir. 2015).
cited Cited "see" Glass v. Rouse
N.D. Ala. · 2025 · signal: see · confidence high
See Dill v. Holt, 371 F.3d 1301, 1303 (11th Cir. 2004).
discussed Cited "see" Ruiz, Alberto v. Florida Department of Corrections
S.D. Fla. · 2025 · signal: see · confidence high
See Dill v. Holt, 371 F.3d 1301, 1303 (11th Cir. 2004) (“Because Dill is still in custody of officials of the state pursuant to the judgment of a state court, his § 2241 petition must comply with § 2254’s exhaustion requirement[.]” (citing Medberry, 351 F.3d at 1059–62)); Thomas, 371 F.3d at 812 (Tjoflat, J., specially concurring) (“[A]lthough there is a distinction in the statutory language of §§ 2254 and 2241, there is no distinction insofar as the exhaustion requirement is concerned.” (quoting Moore v. DeYoung, 515 F.2d 437, 442 (3d Cir. 1975))).
cited Cited "see" BENNEFIELD v. ODOM
M.D. Ga. · 2024 · signal: see · confidence high
See Dill v. Holt, 371 F.3d 1301, 1302 (11th Cir. 2004).
cited Cited "see" MCDANIEL v. SUPERIOR COURT OF WALTON COUNTY GEORGIA
M.D. Ga. · 2023 · signal: see · confidence high
See Dill v. Holt, 371 F.3d 1301, 1302 (11th Cir. 2004); Skinner v. Wiley, 355 F.3d 1293, 1295 (11th Cir. 2004) (holding that administrative exhaustion is required “in all habeas cases”).
cited Cited "see" BERG v. TRICE
M.D. Ga. · 2022 · signal: see · confidence high
See Dill v. Holt, 371 F.3d 1301, 1302 (11th Cir. 2004); Skinner v. Wiley, 355 F.3d 1293, 1295 (11th Cir. 2004) (holding that administrative exhaustion is required “in all habeas cases”).
cited Cited "see" GRAY v. STATE OF GEORGIA
M.D. Ga. · 2022 · signal: see · confidence high
See Dill v. Holt, 371 F.3d 1301, 1302 (11th Cir. 2004).
cited Cited "see" RUSSELL v. CALDWELL
M.D. Ga. · 2022 · signal: see · confidence high
See Dill v. Holt, 371 F.3d 1301, 1302 (11th Cir. 2004); Skinner v. Wiley, 355 F.3d 1293, 1295 (11th Cir. 2004) (holding that administrative exhaustion is required “in all habeas cases”).
cited Cited "see" RUMPH v. JONES
M.D. Ga. · 2022 · signal: see · confidence high
See Dill v. Holt, 371 F.3d 1301, 1302 (11th Cir. 2004); Skinner v. Wiley, 355 F.3d 1293, 1295 (11th Cir. 2004) (holding that administrative exhaustion is required 2 “in all habeas cases”).
discussed Cited "see" Stinski v. Sellers
S.D. Ga. · 2021 · signal: see · confidence high
See Dill v. Holt, 371 F.3d 1301 , 1302 n.1 (“Although respondents did not assert the exhaustion defense in the district court, . . . . the court was required to address and decide whether petitioner had exhausted his state remedies.”); Smith v. Sec’y, Dep’t of Corr., 572 F.3d 1327, 1339 (11th Cir. 2009) (“If the procedural bar defense arises from the petitioner’s failure to raise the claim at all . . . [the exhaustion defense] cannot be waived implicitly by the State’s failure to assert it.”).
discussed Cited "see" Delmoral v. Secretary, Department of Corrections (Polk County)
M.D. Fla. · 2020 · signal: accord · confidence high
Accord Dill v. Holt, 371 F.3d 1301 , 1302 n.1 (11th Cir. 2004) (“Although respondents did not assert the exhaustion defense in the district court, they did not explicitly waive it while they were there either.
discussed Cited "see" Willie McNair v. Donal Campbell
11th Cir. · 2005 · signal: see · confidence high
However, the State’s failure to raise exhaustion does not constitute a waiver under AEDPA, which mandates that “[a] State shall not be deemed to have waived the exhaustion requirement or be estopped from reliance upon the requirement unless the State, through counsel, expressly waives the requirement.” 28 U.S.C. § 2254 (b)(3); see Dill v. Holt, 371 F.3d 1301 , 1302 n. 1 (11th Cir.2004) (stating that AEDPA requires a court to address exhaustion when it is not expressly waived by the State).
discussed Cited "see, e.g." Wendall Jermaine Hall v. Secretary, Florida Department of Children and Family Services
11th Cir. · 2025 · signal: see also · confidence medium
“An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court,” however, “shall not be granted unless it appears that . . . the applicant has exhausted the remedies available in the courts of the State.” Id. § 2254(b)(1); see also Dill v. Holt, 371 F.3d 1301, 1302-03 (11th Cir. 2004) (holding that § 2241 petitions are subject to § 2254’s exhaustion requirement).
Retrieving the full opinion text from the archive…
David DILL, Jr., Petitioner-Appellant,
v.
Arnold HOLT, Warden, Attorney General of Alabama, State of Alabama Board of Pardons and Paroles, Respondents-Appellees
03-10994.
Court of Appeals for the Eleventh Circuit.
Jun 3, 2004.
371 F.3d 1301
Robert M. Illman and Christine A. Freeman, Fed. Pub. Defenders, Jennifer Anne Hart, Montgomery, AL, for Petitioner-Appellant., Steven M. Simon and Hugh Davis, Ala. Bd. of Parole & Pardons, Montgomery, AL, for Respondents-Appellees.
Dubina, Carnes, Cudahy.
Cited by 36 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 82%
Citer courts: Sixth Circuit (1)
CARNES, Circuit Judge:

David Dill, Jr., an Alabama prisoner, was convicted in an Alabama state court of murder and sentenced to life in prison. He was released on parole after fifteen years. After he allegedly committed two misdemeanors, his parole was revoked and his life sentence reimposed. Unhappy with his return to prison, Dill filed in the district court a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, alleging that the Alabama Board of Pardons and Paroles had revoked his parole without affording him due process of law. The district court dismissed his petition for failure to exhaust state court remedies as required by 28 U.S.C. § 2254. [1]

We granted Dill a certificate of appeala-bility on the following two issues: (1) whether a state prisoner proceeding under § 2241 must exhaust available state remedies; and (2) if so, what steps must an Alabama prisoner challenging a parole-revocation decision take to properly satisfy the exhaustion requirement. Dill’s position is that a state prisoner using § 2241 to attack a parole revocation proceeding need not satisfy the exhaustion requirement of § 2254.

Dill is seeking habeas relief pursuant to § 2241(c)(3), which authorizes it when a petitioner “is in custody in violation of the Constitution or laws or treaties of the United States.” Although the statutory language of § 2241 itself does not contain a requirement that a petitioner exhaust state remedies, we have held that the requirements of § 2254 — including exhaustion of state remedies — apply to a subset of petitioners to whom § 2241(c)(3) applies: those who are “in custody pursuant to the judgment of a State court.” Medberry v. Crosby, 351 F.3d 1049, 1059 (11th Cir.2003). As Judge Black explained for this Court in Medberry, “the writ of habe-as corpus is a single post-conviction remedy principally governed by two different statutes,” § 2241 and § 2254, with the second of those statutes serving to limit the authority granted in the first one. 351 F.3d at 1059-62. For that reason, even though Dill brought his petition seeking habeas relief under § 2241, he is nevertheless subject to § 2254’s exhaustion require[*1303] ment if he is “in custody pursuant to the judgment of a State court.” And he is.

Dill argues that because he was put back behind bars to serve his life sentence after his parole was revoked in a decision by the Alabama Board of Pardons and Paroles, he is in custody not pursuant to the judgment of a state court but pursuant to the decision of an administrative body. It is, however, impossible to square that argument with the Medberry decision. In that case a state prisoner using § 2241 to seek relief from disciplinary confinement imposed in a prison disciplinary proceeding was held to be “in custody pursuant to the judgment of a State court,” even though the type of custody about which he was complaining had resulted from an administrative decision. Id. at 1061-62. Dill, likewise, is in custody pursuant to his original state conviction and sentence, despite the fact that his current incarceration resulted from an administrative proceeding of an executive branch agency instead of a court. See Jones v. Cunningham, 371 U.S. 236, 243, 83 S.Ct. 373, 377, 9 L.Ed.2d 285 (1963) (a prisoner who is placed on parole is still “in custody” under the unexpired part of his state sentence for purposes of the habeas statute). Because Dill is still in custody of officials of the state pursuant to the judgment of a state court, his § 2241 petition must comply with § 2254’s exhaustion requirement for all of the reasons thoroughly discussed and convincingly explained in Medberry, 351 F.3d at 1059-62. See Thomas v. Crosby, 371 F.3d 782, No. 01-11314, 2004 WL 1162208 (11th Cir. May 26, 2004) (reaching the same conclusion).

The next question is what state remedies there are to exhaust in this situation. Those remedies, § 2254(b)(1)(A) tells us, are the ones “available in the courts of the State.” In construing the exhaustion requirement, the Supreme Court has explained that “state prisoners must give the state courts one full opportunity to resolve any constitutional issues by invoking one complete round of the State’s appellate review process.” O’Sullivan v. Boerckel, 526 U.S. 838, 845, 119 S.Ct. 1728, 1732, 144 L.Ed.2d 1 (1999). A complete round of the state appellate process includes discretionary appellate review “when that review is part of the ordinary appellate review procedure in the State.” Id. at 847, 119 S.Ct. at 1733.

Under Alabama law, “one complete round” of review of a parole revocation decision includes: (1) filing a petition for certiorari in state circuit court, see Johnson v. State, 729 So.2d 897, 898 (Ala.Crim. App.1997); (2) appealing the denial of that petition to the Alabama Court of Criminal Appeals, see Ala.Code § 12-3-9 (2003); Johnson, 729 So.2d at 898; (3) petitioning the Alabama Court of Criminal Appeals for rehearing, see Ala. R.App. P. 39(c)(1); and (4) seeking discretionary review in the Alabama Supreme Court, see Ala. R.App. P. 39(c). Because Dill has failed to pursue these state remedies in full (or even partially, for that matter), he has not met § 2254(b)(l)(A)’s exhaustion requirement. The district court was correct to dismiss his habeas petition for failure to exhaust state court remedies.

AFFIRMED.

1

. Although respondents did not assert the exhaustion defense in the district court, they did not explicitly waive it while they were there either. Under those circumstances, the court was required to address and decide whether petitioner had exhausted his state remedies. See 28 U.S.C. § 2254(b)(3). At oral argument, respondents informed us that they now wish to explicitly waive the exhaustion defense. That announcement comes too late. We did not grant a certificate of appealability on whether respondents had, or wanted to, waive the exhaustion defense. Besides, everyone agrees that because they did not explicitly waive exhaustion in the district court, that court did what it was required to do by addressing the defense.