William Lee Thompson v. Louie L. Wainwright
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
GODBOLD, Chief Judge:
In this habeas corpus case brought by a Florida state prisoner under sentence of death we decide three issues. We hold that a district court having before it a habeas petition containing only exhausted claims may continue the case at the petitioner’s request pending his presenting to the state courts other claims that are not included in the petition and have not been exhausted. We hold that the state of Florida through its attorney general may waive the requirement of 28 U.S.C. Sec. 2254 that a petitioner seeking federal habeas corpus must first exhaust state remedies.…
2Cases cited41 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Wainwright v. SykesSupreme Court of the United States · 1977
- Rose v. LundySupreme Court of the United States · 1982
- Barefoot v. EstelleSupreme Court of the United States · 1983
- Fay v. NoiaSupreme Court of the United States · 1963
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3Cited by112 opinions
- McNair v. AllenCourt of Appeals for the Eleventh Circuit · 2008
- Thompson v. StateSupreme Court of Florida · 2000
- William Lee Thompson, Cross-Appellee v. Louie L. Wainwright, Secretary, Florida Department of Corrections, Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1986
- Christy v. HornCourt of Appeals for the Third Circuit · 1997
- O.P. Hollis v. J.O. Davis and the Attorney General of the State of Alabama, Court of Appeals, Bullock County, Criminal Courts, Union SpringsCourt of Appeals for the Eleventh Circuit · 1991
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