Supreme Court of United States.https://leagle.com/images/logo.png
Argued April 26, 2004.
Decided June 21, 2004.
Attorney(s) appearing for the Case
Paul M. Roadarmel, Jr., Deputy Attorney General of California, argued the cause for petitioner. With him on the briefs were Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Donald E. De Nicola, Deputy Attorney General, and Kenneth C. Byrne, Supervising Deputy Attorney General.
Lisa M. Bassis, by appointment of the Court, 540 U.S. 1216, argued the cause and filed a brief for respondent.*
THOMAS, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O'CONNOR, SCALIA, and KENNEDY, JJ., joined. O'CONNOR, J., filed a concurring opinion, p. 234. STEVENS, J., filed an opinion concurring in the judgment, in which SOUTER, J., joined, p. 235. GINSBURG, J., filed a dissenting opinion, in which BREYER, J., joined, p. 235. BREYER, J., filed a dissenting opinion, p. 237.
Supreme Court of United States.
JUSTICE THOMAS delivered the opinion of the Court.
Under Rose v. Lundy,455 U.S. 509 (1982), federal district courts must dismiss "mixed" habeas corpus petitions — those containing both unexhausted and exhausted claims. In this case, we decide whether the District Court erred by dismissing, pursuant to Rose, a pro se habeas petitioner's two habeas petitions without giving him two particular advisements...
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