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Rose Vs. Lundy
Cites for this judgment
- US Supreme Court
- Mar 03, 1982
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U.S. 509 (1982) U.S. Supreme Court Rose v. LundySearch
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U.S. 509 (1982) Rose v. LundySearch
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that state remedies must be exhausted except in unusual circumstances. See, e.g., United States ex rel. Kennedy v. TylerSearch
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Consequently, we must analyze the policies underlying the statutory provision to determine its proper scope. Philbrook v. GlodgettSearch
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Unexcelled Chemical Corp. v. UnitedSearch
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Darr v. BurordSearch
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U. S. 200 , 339 U. S. 204 (1950). See Duckworth v. SerranoSearch
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the Courts of Appeals is to dismiss mixed habeas petitions for exhaustion of all such claims. See, e.g., Triplett v. WyrickSearch
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Brief any citation in this list with AI Studio
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Miller v. HallSearch
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Hewett v. NorthSearch
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Rules notes that Rule 9(b) incorporates the judge-made principle governing the abuse of the writ set forth in Sanders v. UnitedSearch
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improperly alluded to the respondent's violent nature, the respondent was not prejudiced by these errors. Lundy v. StateSearch
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rule. See Galtieri v. WainwrightSearch
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F.2d 348, 355-360 (CA5 1978) (en banc), and Gonzales v. StoneSearch
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to review the exhausted claims in a mixed petition containing both exhausted and unexhausted claims. See, e.g., Katz v. KingSearch
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Cameron v. FastoffSearch
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Trantino v. HatrackSearch
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Meeks v. JagoSearch
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Brown v. WisconsinSearch
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Tyler v. SwensonSearch
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Whiteley v. MeachamSearch
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F.2d 36, 39 (CA10 1969), rev'd on other grounds, 401 U. S. 560 (1971). In Gooding v. WilsonSearch
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present case, however, since the question of total exhaustion was not before the Court. Two years later, in Francisco v. GathrightSearch
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Darr v. BufordSearch
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Brown v. AllenSearch
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In Wong Doo v. UnitedSearch
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containing both exhausted and unexhausted claims. Nor does precedent dictate the result reached here. In Picard v. ConnorSearch
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by the unexhausted claim, United States ex rel. McBride v. FaySearch
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of the totality of the circumstances, and therefore necessitate examination of the entire record. Compare Johnson v. UnitedSearch
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DeFlumer v. MancusiSearch
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McBride v. FaySearch
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and United States ex rel. Martin v. McMannSearch
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was obtained in violation of his right to the assistance of counsel, and without adequate warnings), with Miller v. HallSearch
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Levy v. McMannSearch
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whose aim is to have more than one day in court. Galtieri v. WainwrightSearch
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In Brown v. AllenSearch
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state proceeding or disrupt the State's judicial process. See id. at 410 U. S. 491 . Finally, in Roberts v. LaValleeSearch
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absent cause and prejudice, would bar subsequent federal habeas relief on additional grounds. See Wainwright v. SykesSearch
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In United States ex rel. Irving v. CassclesSearch
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F.2d 741, 742 (CA2 1971), cert. denied, 410 U.S. 925 (1973), and United States ex rel. DeFlumer v. MancusiSearch
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to obtain a federal court judgment on the merits of his exhausted claims for years. See United States ex rel. Irving v. HendersonSearch
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DeFlumer v. MancusiSearch
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for failing to exhaust the other claims, or if the state courts have delayed in ruling on those claims. See Gonzales v. StoneSearch
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