Thursday, January 13, 2005
Supreme Court Heard Habeas Case Yesterday
The Supreme Court heard oral arguments yesterday in Rhines v. Weber, 03-9046. The questions presented: (1) Can a federal court stay a section 2254 habeas
corpus petition which includes exhausted and unexhausted claims, when
the stay is necessary to permit a petitioner to exhaust claims in state
court without having the one-year statute of limitations in the
Antiterrorism and Effective Death Penalty Act (AEDPA) bar the right to
a federal petition? (2) Is the 8th Circuit correct that the dismissal
of a mixed section 2254 petition is mandated by Rose v. Lundy, or are
the appeals courts for the 1st, 2nd, 6th, 7th and 9th circuits correct
in following the separate concurrences of Justices Souter and Stevens
in Duncan v. Walker that a stay of an otherwise timely-filed federal
petition is permissible in light of the AEDPA? More . . . [Mark Godsey]
http://lawprofessors.typepad.com/crimprof_blog/2005/01/supreme_court_h_1.html