United States Ex Rel. Wright v. Peters

ORDER

BAKER, District Judge.

This death penalty habeas corpus matter is before the court on the petitioner’s motion to stay the proceedings and hold them in abeyance pending state court consideration of his unexhausted claims. The petitioner contends that two recent Illinois state court decisions will allow him a second post-conviction proceeding. The respondents counter with a motion to dismiss the petition outright under Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982), as it is a mixed petition containing both exhausted and unexhausted claims. The parties therefore agree…