(DOWNLOAD) "Rose v. Lundy" by Supreme Court of the United States * eBook PDF Kindle ePub Free

eBook details

Title: Rose v. Lundy
Author : Supreme Court of the United States
Release Date : January 03, 1982
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 83 KB

Description

In this case we consider whether the exhaustion rule in 28 U. S. C. ?? 2254(b), (c) requires a federal district court to dismiss a petition for a writ of habeas corpus containing any claims that have not been exhausted in the state courts. Because a rule requiring exhaustion of all claims furthers the purposes underlying the habeas statute, we hold that a district court must dismiss such "mixed petitions," leaving the prisoner with the choice of returning to state court to exhaust his claims or of amending or resubmitting the habeas petition to present only exhausted claims to the district court.