Legal Opinion
Robert E. Wenger, Jr. v. Frederick K. Frank Attorney General of Pennsylvania
Court of Appeals for the Third Circuit
Decided August 27, 2001No. 99-3337PublishedCited by 249 opinions
1Opinion of the Court
OPINION OF THE COURT
ALITO, Circuit Judge:
This is an appeal from a District Court order dismissing a petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. The District Court dismissed the petition under Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982), holding that the petition, which advanced three claims, contained two that were unexhausted and was therefore a “mixed petition.” On appeal, Wenger contends that the supposedly unexhausted claims would no longer be entertained by the Pennsylvania courts. Wenger argues that these claims, although never fairly…
2Cases cited11 opinions
- O'Sullivan v. BoerckelSupreme Court of the United States · 1999
- Rose v. LundySupreme Court of the United States · 1982
- Ylst v. NunnemakerSupreme Court of the United States · 1991
- Edwards v. CarpenterSupreme Court of the United States · 2000
- Lawrence Lines v. David Larkins, Warden the District Attorney of the County of Bucks the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2000
6 more not listed; retrieve them via the Exa API.
3Cited by249 opinions
- Lambert v. BlackwellCourt of Appeals for the Third Circuit · 2004
- Frank E. Adams v. Flora J. Holland, WardenCourt of Appeals for the Sixth Circuit · 2003
- Lambert v. BlackwellCourt of Appeals for the Third Circuit · 2004
- Whitney v. HornCourt of Appeals for the Third Circuit · 2002
- Tice v. WilsonDistrict Court, W.D. Pennsylvania · 2006
244 more not listed; retrieve them via the Exa API.