Legal Opinion

Swanson v. DeSantis

Court of Appeals for the Sixth Circuit

Decided June 4, 2010No. 09-1501PublishedCited by 16 opinions

1Opinion of the Court

OPINION

SUTTON, Circuit Judge.

Susan Swanson filed a federal habeas corpus petition challenging her state court conviction on two grounds. The district court concluded that Swanson had exhausted her state remedies for one of the claims but not the other, then allowed the exhausted claim to proceed in federal court but stayed the unexhausted claim pending its review in state court. The State appeals, arguing that the district court may not proceed with a partially exhausted petition. Because we do not have the power to review this non-final judgment, we dismiss the appeal for lack of…

2Cases cited24 opinions

  1. Jones v. BockSupreme Court of the United States · 2007
  2. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  5. Rose v. LundySupreme Court of the United States · 1982

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3Cited by16 opinions

  1. W.P. Co. v. U.S. Dep't of Justice (In re Nat'l Prescription Opiate Litig. HD Media Co.)Court of Appeals for the Sixth Circuit · 2019
  2. Robin Fortyune v. City of LomitaCourt of Appeals for the Ninth Circuit · 2014
  3. Robert Devine v. Warden Jeffie WalkerCourt of Appeals for the Eighth Circuit · 2020
  4. Kell v. BenzonCourt of Appeals for the Tenth Circuit · 2019
  5. Jerry Stanley v. Kevin ChappellCourt of Appeals for the Ninth Circuit · 2014

11 more not listed; retrieve them via the Exa API.

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