DAVID A. NELSON, Circuit Judge, concurring. I concur in the judgment, and in Parts II and III of the opinion. As far as Part I is concerned, I agree that it would be appropriate for us to waive the exhaustion requirement if the remedies available in the courts of Kentucky were not exhausted. It appears to me that Mr. Prather probably did exhaust his state remedies, but I do not believe this is a question…
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