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Rhines v. Weber

Docket No.: 03-9046
Certiorari Granted: Jun 28 2004
Argued: January 12, 2005
Decided: March 30, 2005

Topics:

28 USC 2241-2255 (habeas corpus), Criminal Procedure, Habeas Corpus, Civil Procedure, Death Penalty, EPA, Sixth Amendment, abuse of discretion, habeas, habeas corpus, murder, preliminary injunction, probable cause

PartyNames: Charles Russell Rhines v. Douglas Weber, Warden
Petitioner: Charles Russell Rhines
Respondent: Douglas Weber, Warden

Court Below: United States Court of Appeals for the Eighth Circuit
Citation: 346 F3d 799
Supreme Court Docket

Charles Russell Rhines
v.
Douglas Weber, Warden
544 U.S. 269 (2005)
Question Presented:

1. Can a federal court stay (rather than being compelled to dismiss) a §2254 habeas corpus petition which includes exhausted and unexhausted claims, when the stay is necessary to permit a petitioner to exhaust claims in state court without having the one year statute of limitations in the Antiterrorism and Effective Death Penalty Act (AEDPA) bar the right to a federal petition? 2. Is the Eighth Circuit correct that dismissal of a mixed §2254 petition is mandated by Rose v. Lundy, 455 U.S. 509 (1982) or are the courts of appeals for the first, second, sixth, seventh and ninth circuits correct in following the separate concurrences of Justice Souter and Justice Stevens in Duncan v. Walker, 533 U.S. 167 (2001) that a stay of an otherwise timely filed federal petition is permissible in light of the AEDPA?

Question:

May a federal court stay a habeas petition that included exhausted and unexhausted claims, when the stay was necessary to allow a petitioner to exhaust claims in state court without having the one-year statute of limitations in the Antiterrorism and Effective Death Penalty Act (AEDPA) bar the right to a federal petition?

Rhines v. Weber
ORAL ARGUMENT

January 12, 2005

Holding: vacated and remanded
Decision: Decision: 9 votes for Rhines, 0 vote(s) against
Vote: 9-0
Opinion By:

Rhines v. Weber
Case Documents

1Opinion in Rhines v. Weber
2Slip Opinion in Rhines v. Weber
3Opinion in Rhines v. Weber
Additional documents for this case are pending review.