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ROSE v. LUNDY

No. 80-846.

455 U.S. 509 (1982)

ROSE, WARDEN v. LUNDY

Supreme Court of United States.

Decided March 3, 1982

Attorney(s) appearing for the Case

John C. Zimmermann, Assistant Attorney General of Tennessee argued the cause pro hac vice for petitioner. With him on the briefs was William M. Leech, Jr., Attorney General.

D. Shannon Smith, by appointment of the Court, 451 U.S. 904, argued the cause and filed a brief for respondent.*

JUSTICE O'CONNOR delivered the opinion of the Court, except as to Part III-C.

In this case we consider whether the exhaustion rule in 28 U. S. C. §§ 2254 (b), (c) requires a federal district court to dismiss a petition for a writ of habeas corpus containing any claims that have not been exhausted in the state courts. Because a rule requiring exhaustion of all claims furthers the purposes underlying the habeas statute, we hold that a district court must dismiss...

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