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March 30, 2005
New Supreme Court Decision Today
From BNA.com: "In Rhines v. Weber, No. 03-9046, the court held that a federal district court has discretion to stay a "mixed" habeas corpus petition containing both exhausted and unexhausted claims while the petitioner goes back to state court to exhaust the latter, thereby tolling the Antiterrorism and Effective Death Penalty Act's statute of limitations, before returning to federal court for review of the perfected petition, so long as there was good cause for the failure to exhaust, the unexhausted claims are potentially meritorious, and nothing suggests that the petitioner is dragging his feet." [Mark Godsey]
March 30, 2005 in Supreme Court | Permalink
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