Mancill v. Hall

COX, Circuit Judge:

This case presents the question of how to apply the exhaustion requirement of 28 U.S.C. § 2254 to claims a Georgia habeas court heard but never ruled on. More specifically, the issue is whether the exhaustion requirement compels a successful Georgia habeas petitioner to cross-appeal those claims not addressed by the habeas court when the claim on which he succeeded is challenged on appeal by the habeas respondent.

I. Background

In 1993, Durwyn Mancill was convicted on two counts of malice murder. Shortly thereafter, Mancill filed a motion for a new trial. Seven years later,…