Rose v. Lundy
71 L. Ed. 2d 379 · Supreme Court of the United States · 1982
Facts
Noah Lundy was convicted of rape and crime against nature in Tennessee state court. He filed a federal habeas corpus petition alleging four grounds for relief, two of which had not been exhausted in state courts. The District Court granted relief, considering the unexhausted claims, and the Sixth Circuit affirmed, rejecting the state's argument that the petition should have been dismissed due to the mixed claims.
Issue
The Supreme Court considered whether 28 U.S.C. §§ 2254(b), (c) requires a federal district court to dismiss a petition for a writ of habeas corpus containing both claims that have been exhausted and claims that have not been exhausted in state courts.
Holding
The Court held that a federal district court must dismiss "mixed petitions" containing both exhausted and unexhausted claims. The prisoner must then choose to either return to state court to exhaust all claims or amend the petition to present only exhausted claims to the federal court.
Rule
The "total exhaustion" rule mandates that federal courts dismiss habeas corpus petitions containing both exhausted and unexhausted claims. This rule promotes comity by giving state courts the first opportunity to correct federal constitutional errors and reduces piecemeal federal habeas litigation.
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