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RHINES v. WEBER

No. 03-9046.

544 U.S. 269 (2005)

RHINES v. WEBER, WARDEN.

Supreme Court of United States.

Decided March 30, 2005.

Attorney(s) appearing for the Case

Roberto A. Lange, by appointment of the Court, 543 U.S. 806, argued the cause and filed briefs for petitioner.

Lawrence E. Long, Attorney General of South Dakota, argued the cause for respondent. With him on the brief was Craig M. Eichstadt, Deputy Attorney General.*

O'CONNOR, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and STEVENS, SCALIA, KENNEDY, THOMAS, GINSBURG, and BREYER, JJ., joined. STEVENS, J., filed a concurring opinion, in which GINSBURG and BREYER, JJ., joined, p. 279. SOUTER, J., filed an opinion concurring in part and concurring in the judgment, in which GINSBURG and BREYER, JJ., joined, p. 279.

JUSTICE O'CONNOR delivered the opinion of the Court.

We confront here the problem of a "mixed" petition for habeas corpus relief in which a state prisoner presents a federal court with a single petition containing some claims that have been exhausted in the state courts and some that have not. More precisely, we consider whether a federal district court has discretion to stay the mixed petition to allow the petitioner to present his unexhausted claims to the state...

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