Rhines v. Weber
Supreme Court of the United States
1Opinion of the CourtJustice O’Connor
We confront here the problem of a “mixed” petition for habeas corpus relief in which a state prisoner presents a federal court with a single petition containing some claims that have been exhausted in the state courts and some that have not. More precisely, we consider whether a federal district court has discretion to stay the mixed petition to allow the petitioner to present his unexhausted claims to the state *272court in the first instance, and then to return to federal court for review of his perfected petition.
I
Petitioner Charles Russell Rhines was convicted in South Dakota state court of…
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