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WEAVER v. FOLTZ

No. 88-1450.

888 F.2d 1097 (1989)

Kenneth WEAVER, Petitioner-Appellant, v. Dale FOLTZ, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 2, 1989.

Attorney(s) appearing for the Case

Frank D. Eaman (argued), Bellanca, Beattie and De Lisle, Detroit, Mich., for petitioner-appellant.

Carolyn Schmidt, Asst. Atty. Gen. (argued), Detroit, Mich., for respondent-appellee.

Before MERRITT, Chief Judge, KRUPANSKY, Circuit Judge, and GRAHAM, District Judge.

MERRITT, Chief Judge.

In this case, the District Court dismissed Weaver's habeas corpus petition under Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982), as a "mixed" petition containing exhausted and unexhausted issues. It did so without regard to the subsequent case of Granberry v. Greer, 481 U.S. 129, 107 S.Ct. 1671, 95 L.Ed...

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