(DOWNLOAD) "Jackson v. Roe" by Supreme Court of Alaska # Book PDF Kindle ePub Free
eBook details
- Title: Jackson v. Roe
- Author : Supreme Court of Alaska
- Release Date : January 23, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Fred Jackson filed a "mixed" 28 U.S.C. § 2254 habeas corpus petition. The district court refused to stay proceedings so that he could exhaust the unexhausted claim, which was at that time pending before the California Supreme Court. Rhines v. Weber, 125 S.Ct. 1528 (2005), however, holds that a federal court must, in limited circumstances, stay a mixed petition to allow a petitioner to present an unexhausted claim to a state court for review. Id. at 1535. Under Rhines, a district courts decision to grant or deny a stay is reviewed for abuse of discretion. Id. Because the district court in this case failed to apply the standards regarding staying a mixed habeas petition enunciated in Rhines - quite understandably, as Jack-sons petition was dismissed almost three years prior to the decision in Rhines - we vacate and remand to allow the district court the opportunity to do so.
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