Habeas Corpus - Federal Courts - Exhaustion of Remedies in State Courts - Mixed Petitions

Authors

George R. Zaiser

Abstract

The United States Supreme Court has held that a federal district court must dismiss a state prisoner's habeas corpus petition based on alleged federal constitutional violations when it contains both claims which have been exhausted in the state courts and claims which have not been exhausted; the prisoner may amend or resubmit his petition so that it states only exhausted claims, or return to the state courts with his unexhausted claims.

Rose v. Lundy, 102 S. Ct. 1198 (1982).

First Page

309

Recommended Citation

George R. Zaiser, Habeas Corpus - Federal Courts - Exhaustion of Remedies in State Courts - Mixed Petitions, 21 Duq. L. Rev. 309 (1982).
Available at: https://dsc.duq.edu/dlr/vol21/iss1/11