JOSSELYN v. DENNEHY

No. 05-2405.

475 F.3d 1 (2007)

David JOSSELYN, Petitioner, Appellant, v. Kathleen DENNEHY, Commissioner, Massachusetts Department of Correction, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided January 19, 2007.


Attorney(s) appearing for the Case

Rosemary Curran Scapicchio, for petitioner.

Annette C. Benedetto, Assistant Attorney General, Criminal Bureau, with whom Thomas F. Reilly, Attorney General, was on brief, for respondent.

Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.


HOWARD, Circuit Judge.

This appeal raises questions concerning a "mixed" habeas corpus petition (a petition where not all of the claims have been exhausted before the state court) filed by Massachusetts prisoner David Josselyn. In particular, we consider whether Josselyn's petition does, in fact, include unexhausted claims and, if so, whether the district court should have stayed the federal action while Josselyn exhausted these claims.

Josselyn was convicted...

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