Legal Opinion
Joseph Fabian Gonzales, Jr. v. Walter T. Stone, Warden
Court of Appeals for the Ninth Circuit
Decided December 13, 1976No. 75-2451 and 75-2627PublishedCited by 38 opinions
1Opinion of the Court
TRASK, Circuit Judge:
These consolidated appeals come to us from the district court’s dismissal of petitions for writ of habeas corpus. They involve an unresolved question in this circuit: Where a habeas corpus petitioner has not exhausted available state remedies with respect to all contentions raised in his federal petition, should a court decide the merits of any or all the claims? We hold that it must decline to decide any of the petition’s issues until the available state remedy for every issue is exhausted.
I
Gonzales 1 was convicted in Los Angeles Superior Court in 1971 of first degree…
2Cases cited21 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Picard v. ConnorSupreme Court of the United States · 1971
- Stone v. PowellSupreme Court of the United States · 1976
- Fay v. NoiaSupreme Court of the United States · 1963
- Brown v. AllenSupreme Court of the United States · 1953
16 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Gennero Galtieri v. Louie L. Wainwright, Director, Division of Corrections, John Matera v. Louie L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1978
- Cesar Ramirez Gutierrez v. Bertram S. Griggs, Superintendent, California Institution for Men at ChinoCourt of Appeals for the Ninth Circuit · 1983
- Jerry W. Garrison v. D. J. McCarthy SuperintendentCourt of Appeals for the Ninth Circuit · 1981
- James Edward Wilks v. Thomas Israel, Warden, Wisconsin State PrisonCourt of Appeals for the Seventh Circuit · 1980
33 more not listed; retrieve them via the Exa API.