Is it unethical to dismiss a state case while a defendant is in Federal prison and then re-file it before he gets out? Of course, he wouldn't get credit for the state case if it was dismissed.

is posting an answer an ethical dilemma?

You could always use private topics if you're concerned about lurkers.

Not that I've ever used them, of course

But the defendant might well complain about the subsequently-filed case. He would probably assert in his writ that he had suffered substantial actual prejudice because of the delayed filing of the case (even though it would not be limitations-barred). He might say that the delay was "intentionally undertaken by the State for the purpose of securing a tactical advantage or for some other bad faith purpose" See Moore v. State 943 SW2nd 127 and State v. Horner 936 SW2nd 668. They will lead you to Lovasco, 97 SCt 2048, Marion, 92 SCt 466 and the 5th Circuit case quoted above, Crouch, 84 F3rd 1497.