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Rhines Vs. Weber
Cites for this judgment
- US Supreme Court
- Mar 30, 2005
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Syllabus October Term, 2004 Rhines V. WeberSearch
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Supreme Court of the United States Rhines V. WeberSearch
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requirement by dismissing mixed petitions without prejudice and allowing petitioners to return to state court. Rose v. LundySearch
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an opinion concurring in part and concurring in the judgment, in which Ginsburg and Breyer, JJ., joined. Rhines v. WeberSearch
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Opinion of the Court Rhines V. WeberSearch
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Supreme Court of the United States No. 03-9046 Charles Russell Rhines, Petitioner V. DouglasSearch
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to death. His conviction became final on December 2, 1996, when we denied his initial petition for certiorari. Rhines v. SouthSearch
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The state court denied his petition, and the Supreme Court of South Dakota affirmed on February 9, 2000, Rhines v. WeberSearch
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of the 35 claims had not been exhausted. At this time, the AEDPA 1-year statute of limitations had run. See Duncan v. WalkerSearch
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mixed petition to the United States Court of Appeals for the Eighth Circuit. Relying on its decision in Akins v. KenneySearch
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Compare, e.g. , Crews v. HornSearch
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Brief any citation in this list with AI Studio
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and Zarvela v. ArtuzSearch
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with 346 F. 3d 799 (2003) (case below). II Fourteen years before Congress enacted AEDPA, we held in Rose v. LundySearch
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Id ., at 518 (quoting Darr v. BurfordSearch
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unexhausted claims could come back to federal court to present their perfected petitions with relative ease. See Slack v. McDanielSearch
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petitioner to proceed in federal court. District courts do ordinarily have authority to issue stays, see Landis v. NorthSearch
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Co. , 299 U. S. 248 , 254 (1936), where such a stay would be a proper exercise of discretion, see Clinton v. JonesSearch
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s grant of a stay in this case constituted an abuse of discretion. It is so ordered. Rhines v. WeberSearch
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see also Slack v. McDanielSearch
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U. S. 473 , 487 (2000). Rhines v. WeberSearch
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Charles Russell Rhines, Petitioner V. DouglasSearch
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Rhines v. SouthSearch
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See Duncan v. WalkerSearch
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Akins v. KenneySearch
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Crews v. HornSearch
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See Slack v. McDanielSearch
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Landis v. NorthSearch
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Clinton v. JonesSearch
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