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Supreme Court Rejects Time Limit Notices by Judges

Loaded on May 15, 2007

Filed under: Civil Procedure, Administrative Exhaustion, Habeas Corpus. Location: California.

The Ninth Circuit declared that partially unexhausted habeas petitions,
which are subject to a total exhaustion rule under Rose v. Lundy (1982),
should be subject to a "stay and abeyance" procedure designed to protect
habeas petitioners from the interaction of the total exhaustion rule and
the one-year limitations period imposed ...

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