Gennero Galtieri v. Louie L. Wainwright, Director, Division of Corrections, John Matera v. Louie L. Wainwright, Director, Division of Corrections
Court of Appeals for the Fifth Circuit
1Opinion of the Court
TJOFLAT, Circuit Judge:
The exhaustion of state remedies is a doctrine, grounded on notions of comity, that requires a state prisoner to present his claim of constitutional error to the state court system prior to petitioning for federal habeas corpus relief. The rule in this circuit is that a federal district court generally must dismiss, without prejudice, a state prisoner’s petition for a writ of habeas corpus that contains a mixture of exhausted and unexhausted claims. Strong policy considerations require us to adhere to our rule that petitioners present all their claims to the state court…
2Cases cited67 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- United States v. AgursSupreme Court of the United States · 1976
- Wainwright v. SykesSupreme Court of the United States · 1977
- Picard v. ConnorSupreme Court of the United States · 1971
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3Cited by212 opinions
- Rose v. LundySupreme Court of the United States · 1982
- James Edward Heath v. Charlie Jones, Warden and Don Siegelman, the Attorney General of the State of AlabamaCourt of Appeals for the Eleventh Circuit · 1989
- Willie Clisby, Cross-Appellant v. Charlie Jones, Warden, Holman Unit, Alabama Department of Corrections, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1992
- Washington v. StricklandCourt of Appeals for the Fifth Circuit · 1982
- Earl Wayne Wiley v. Dewey Sowders, Superintendent, Kentucky State ReformatoryCourt of Appeals for the Sixth Circuit · 1981
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