Josselyn v. Dennehy

HOWARD, Circuit Judge.

This appeal raises questions concerning a “mixed” habeas corpus petition (a petition where not all of the claims have been exhausted before the state court) filed by Massachusetts prisoner David Josselyn. In particular, we consider whether Josse-lyn’s petition does, in fact, include unex-hausted claims and, if so, whether the district court should have stayed the federal action while Josselyn exhausted these claims.

Josselyn was convicted in Massachusetts state court of armed robbery with intent to assault, unlawful possession of a firearm, and unlawfully discharging a…