rose
lundy
argued
october
decided
march
title
provide
state
prisoner
application
writ
habeas
corpus
federal
district
based
alleged
federal
constitutional
violation
granted
unless
applicant
exhausted
remedies
available
state
courts
respondent
convicted
certain
charges
tennessee
state
convictions
affirmed
unsuccessfully
sought
postconviction
relief
state
filed
petition
federal
district
writ
habeas
corpus
alleging
four
specified
grounds
relief
district
granted
writ
notwithstanding
petition
included
claims
exhausted
state
courts
appeals
affirmed
held
judgment
reversed
case
remanded
reversed
remanded
justice
delivered
opinion
respect
parts
ii
iv
concluding
district
must
dismiss
habeas
petitions
containing
unexhausted
exhausted
claims
rule
requiring
exhaustion
claims
state
courts
promotes
comity
furthers
purposes
underlying
exhaustion
doctrine
codified
protecting
state
courts
role
enforcement
federal
law
preventing
disruption
state
judicial
proceedings
pp
justice
joined
chief
justice
burger
justice
powell
justice
rehnquist
concluded
part
total
exhaustion
rule
impair
state
prisoner
interest
obtaining
speedy
federal
relief
claims
since
rather
returning
state
exhaust
claims
always
amend
petition
delete
unexhausted
claims
although
risk
dismissal
subsequent
federal
petitions
pp
john
zimmermann
assistant
attorney
general
tennessee
argued
cause
pro
hac
vice
petitioner
briefs
william
leech
attorney
general
shannon
smith
appointment
argued
cause
filed
brief
respondent
solicitor
general
mccree
assistant
attorney
general
jensen
deputy
solicitor
general
frey
george
jones
filed
brief
amicus
curiae
urging
reversal
justice
delivered
opinion
except
part
case
consider
whether
exhaustion
rule
requires
federal
district
dismiss
petition
writ
habeas
corpus
containing
claims
exhausted
state
courts
rule
requiring
exhaustion
claims
furthers
purposes
underlying
habeas
statute
hold
district
must
dismiss
mixed
petitions
leaving
prisoner
choice
returning
state
exhaust
claims
amending
resubmitting
habeas
petition
present
exhausted
claims
district
following
jury
trial
respondent
noah
lundy
convicted
charges
rape
crime
nature
sentenced
tennessee
state
penitentiary
tennessee
criminal
appeals
affirmed
convictions
tennessee
denied
review
respondent
filed
unsuccessful
petition
postconviction
relief
knox
county
criminal
respondent
subsequently
filed
petition
federal
district
writ
habeas
corpus
alleging
four
grounds
relief
denied
right
confrontation
trial
limited
defense
counsel
questioning
victim
denied
right
fair
trial
prosecuting
attorney
stated
respondent
violent
character
denied
right
fair
trial
prosecutor
improperly
remarked
closing
argument
state
evidence
uncontradicted
trial
judge
improperly
instructed
jury
every
witness
presumed
swear
truth
reviewing
records
however
district
concluded
consider
claims
three
four
constitutional
framework
respondent
exhausted
state
remedies
grounds
nevertheless
stated
assessing
atmosphere
cause
taken
whole
items
may
referred
collaterally
apparently
effort
assess
atmosphere
trial
district
reviewed
state
trial
transcript
identified
instances
prosecutorial
misconduct
respondent
raised
state
courts
addition
although
purportedly
ruling
respondent
fourth
ground
relief
state
trial
judge
improperly
charged
every
witness
presumed
swear
truth
nonetheless
held
jury
instruction
coupled
restriction
counsel
victim
prosecutor
personal
testimony
weight
state
evidence
see
supra
violated
respondent
right
fair
trial
conclusion
district
stated
also
subject
question
exhaustion
state
remedies
added
trial
atmosphere
comment
attorney
general
story
presented
jury
state
witnesses
mixture
violations
one
separated
considered
independently
others
charge
given
limitation
cross
examination
victim
flagrant
prosecutorial
misconduct
compelled
find
petitioner
receive
fair
trial
sixth
amendment
rights
violated
jury
poisoned
prosecutorial
misconduct
sixth
circuit
affirmed
judgment
district
concluding
unreported
order
properly
found
respondent
constitutional
rights
seriously
impaired
improper
limitation
counsel
prosecutrix
prosecutorial
misconduct
specifically
rejected
state
argument
district
dismissed
petition
included
exhausted
unexhausted
claims
ii
petitioner
urges
apply
total
exhaustion
rule
requiring
district
courts
dismiss
every
habeas
corpus
petition
contains
exhausted
unexhausted
claims
petitioner
argues
length
rule
furthers
policy
comity
underlying
exhaustion
doctrine
gives
state
courts
first
opportunity
correct
federal
constitutional
errors
minimizes
federal
interference
disruption
state
judicial
proceedings
petitioner
also
believes
uniform
adherence
total
exhaustion
rule
reduces
amount
piecemeal
habeas
litigation
petitioner
approach
district
dismiss
petition
containing
exhausted
unexhausted
claims
giving
prisoner
choice
returning
state
litigate
unexhausted
claims
proceeding
exhausted
claims
federal
petitioner
believes
prisoner
reluctant
choose
latter
route
since
district
appropriate
circumstances
habeas
corpus
rule
dismiss
subsequent
federal
habeas
petitions
abuse
writ
words
prisoner
amended
petition
delete
unexhausted
claims
immediately
refiled
federal
petition
alleging
exhausted
claims
lose
opportunity
litigate
presently
unexhausted
claims
federal
argument
addressed
part
opinion
order
evaluate
merits
petitioner
arguments
turn
habeas
statute
legislative
history
policies
underlying
exhaustion
doctrine
iii
exhaustion
doctrine
existed
long
codification
congress
ex
parte
royall
wrote
matter
comity
federal
courts
consider
claim
habeas
corpus
petition
state
courts
opportunity
act
injunction
hear
case
summarily
thereupon
dispose
party
law
justice
require
deprive
discretion
time
mode
exert
powers
conferred
upon
discretion
exercised
light
relations
existing
system
government
judicial
tribunals
union
recognition
fact
public
good
requires
relations
disturbed
unnecessary
conflict
courts
equally
bound
guard
protect
rights
secured
constitution
congress
codified
exhaustion
doctrine
citing
ex
parte
hawk
correctly
stating
principle
exhaustion
section
however
directly
address
problem
mixed
petitions
sure
provision
remedy
exhausted
exists
state
procedure
raise
question
presented
believe
phrase
ambiguous
sustain
conclusion
congress
intended
either
permit
prohibit
review
mixed
petitions
legislative
history
well
cases
contains
reference
problem
mixed
petitions
likelihood
congress
never
thought
problem
consequently
must
analyze
policies
underlying
statutory
provision
determine
proper
scope
philbrook
glodgett
expounding
statute
must
look
provisions
whole
law
object
policy
citations
omitted
statute
language
seem
insufficiently
precise
natural
way
draw
line
light
statutory
purpose
citation
omitted
sisson
axiom
courts
endeavor
give
statutory
language
meaning
nurtures
policies
underlying
legislation
one
guides
us
circumstances
plainly
covered
terms
statute
subsumed
underlying
policies
congress
committed
unexcelled
chemical
arguments
policy
relevant
example
statute
hiatus
must
filled
ambiguities
legislative
language
must
resolved
exhaustion
doctrine
principally
designed
protect
state
courts
role
enforcement
federal
law
prevent
disruption
state
judicial
proceedings
see
braden
judicial
circuit
kentucky
federal
system
federal
state
courts
equally
bound
guard
protect
rights
secured
constitution
ex
parte
royall
unseemly
dual
system
government
federal
district
upset
state
conviction
without
opportunity
state
courts
correct
constitutional
violation
federal
courts
apply
doctrine
comity
teaches
one
defer
action
causes
properly
within
jurisdiction
courts
another
sovereignty
concurrent
powers
already
cognizant
litigation
opportunity
pass
upon
matter
darr
burford
see
duckworth
serrano
per
curiam
noting
exhaustion
requirement
serves
minimize
friction
federal
state
systems
justice
allowing
state
initial
opportunity
pass
upon
correct
alleged
violations
prisoners
federal
rights
rigorously
enforced
total
exhaustion
rule
encourage
state
prisoners
seek
full
relief
first
state
courts
thus
giving
courts
first
opportunity
review
claims
constitutional
error
number
prisoners
exhaust
federal
claims
increases
state
courts
may
become
increasingly
familiar
hospitable
toward
federal
constitutional
issues
see
braden
judicial
circuit
kentucky
supra
equally
important
federal
claims
fully
exhausted
state
courts
often
accompanied
complete
factual
record
aid
federal
courts
review
cf
requiring
federal
reviewing
habeas
petition
presume
correct
factual
findings
made
state
facts
present
case
underscore
need
rule
encouraging
exhaustion
federal
claims
opinion
district
judge
wrote
mixture
violations
one
separated
considered
independently
others
two
unexhausted
claims
relief
intertwined
exhausted
ones
judge
apparently
considered
claims
ruling
petition
requiring
dismissal
petitions
containing
exhausted
unexhausted
claims
relieve
district
courts
difficult
impossible
task
deciding
claims
related
reduce
temptation
consider
unexhausted
claims
dissent
justice
stevens
suggests
district
properly
evaluated
respondent
two
exhausted
claims
context
entire
trial
post
unquestionably
however
district
erred
considering
unexhausted
claims
expressly
requires
prisoner
exhaust
remedies
available
courts
state
see
supra
moreover
extent
exhausted
unexhausted
claims
interrelated
general
rule
among
courts
appeals
dismiss
mixed
habeas
petitions
exhaustion
claims
see
triplett
wyrick
miller
hall
hewett
north
carolina
rather
adventure
unnecessary
lawmaking
stevens
post
holdings
today
reflect
interpretation
federal
statute
basis
language
legislative
history
consistent
underlying
policies
basis
believe
today
holdings
complicate
delay
resolution
habeas
petitions
stevens
post
serve
trap
unwary
pro
se
prisoner
blackmun
post
contrary
interpretation
provides
simple
clear
instruction
potential
litigants
bring
claims
federal
sure
first
taken
one
state
pro
se
petitioners
managed
use
federal
habeas
machinery
able
master
straightforward
exhaustion
requirement
prisoners
misunderstand
requirement
submit
mixed
petitions
nevertheless
entitled
resubmit
petition
exhausted
claims
exhaust
remainder
claims
rather
increasing
burden
federal
courts
strict
enforcement
exhaustion
requirement
encourage
habeas
petitioners
exhaust
claims
state
present
federal
single
habeas
petition
extent
exhaustion
requirement
reduces
piecemeal
litigation
courts
prisoners
benefit
result
district
likely
review
prisoner
claims
single
proceeding
thus
providing
focused
thorough
review
prisoner
principal
interest
course
obtaining
speedy
federal
relief
claims
see
braden
judicial
circuit
kentucky
supra
total
exhaustion
rule
impair
interest
since
always
amend
petition
delete
unexhausted
claims
rather
returning
state
exhaust
claims
invoking
procedure
however
prisoner
risk
forfeiting
consideration
unexhausted
claims
federal
rule
district
may
dismiss
subsequent
petitions
finds
failure
petitioner
assert
new
grounds
prior
petition
constituted
abuse
writ
see
supra
advisory
committee
rules
notes
rule
incorporates
principle
governing
abuse
writ
set
forth
sanders
stated
prisoner
deliberately
withholds
one
two
grounds
federal
collateral
relief
time
filing
first
application
hope
granted
two
hearings
rather
one
reason
may
deemed
waived
right
hearing
second
application
presenting
withheld
ground
may
true
wong
doo
prisoner
deliberately
abandons
one
grounds
first
hearing
nothing
traditions
habeas
corpus
requires
federal
courts
tolerate
needless
piecemeal
litigation
entertain
collateral
proceedings
whose
purpose
vex
harass
delay
iv
sum
total
exhaustion
rule
promotes
comity
unreasonably
impair
prisoner
right
relief
hold
district
must
dismiss
habeas
petitions
containing
unexhausted
exhausted
claims
accordingly
judgment
appeals
reversed
case
remanded
proceedings
consistent
opinion
ordered
footnotes
tennessee
criminal
appeals
ruled
specifically
grounds
one
two
holding
although
trial
erred
restricting
victim
prosecuting
attorney
improperly
alluded
respondent
violent
nature
respondent
prejudiced
errors
lundy
state
particular
district
found
prosecutor
improperly
misrepresented
defense
attorney
guilty
illegal
unethical
misconduct
interviewing
victim
trial
testified
victim
telling
truth
stand
stated
view
proper
method
defense
attorney
interview
victim
misrepresented
law
regarding
interviewing
government
witnesses
misrepresented
victim
right
private
counsel
prosecutor
present
interviewed
defense
counsel
represented
attorney
present
defense
counsel
conduct
inexcusable
represented
validly
file
grievance
bar
association
basis
defense
counsel
conduct
objected
defense
counsel
victim
commented
defendant
violent
nature
gave
personal
evaluation
state
proof
petitioner
concedes
state
appellate
considered
instances
without
contradiction
respondent
object
prosecutor
statement
victim
telling
truth
several
instances
prosecutor
summation
gave
opinion
weight
evidence
petitioner
also
notes
conduct
identified
occur
front
jury
conduct
objection
hardly
labeled
misconduct
granted
writ
ordered
respondent
discharged
custody
unless
within
days
state
initiated
steps
bring
new
trial
fifth
ninth
circuits
adopted
total
exhaustion
rule
see
galtieri
wainwright
en
banc
gonzales
stone
majority
courts
appeals
however
permitted
district
courts
review
exhausted
claims
mixed
petition
containing
exhausted
unexhausted
claims
see
katz
king
cameron
fastoff
ex
rel
trantino
hatrack
cert
denied
hewett
north
carolina
meeks
jago
cert
denied
brown
wisconsin
state
dept
public
welfare
cert
denied
tyler
swenson
whiteley
meacham
rev
grounds
gooding
wilson
reviewed
merits
exhausted
claim
expressly
acknowledging
prisoner
exhausted
state
remedies
claims
presented
habeas
petition
gooding
control
present
case
however
since
question
total
exhaustion
two
years
later
francisco
gathright
per
curiam
expressly
reserved
question
whether
requires
total
exhaustion
claims
rule
provides
second
successive
petition
may
dismissed
judge
finds
fails
allege
new
different
grounds
relief
prior
determination
merits
new
different
grounds
alleged
judge
finds
failure
petitioner
assert
grounds
prior
petition
constituted
abuse
writ
also
made
clear
however
exhaustion
doctrine
bar
relief
state
remedies
inadequate
fail
afford
full
fair
adjudication
federal
contentions
raised
reviser
notes
appendix
house
report
state
new
section
declaratory
existing
law
affirmed
see
ex
parte
hawk
historical
revision
notes
following
see
also
darr
burford
recodification
judicial
code
congress
gave
legislative
recognition
hawk
rule
exhaustion
remedies
state
courts
brown
allen
fay
noia
section
part
provides
application
writ
habeas
corpus
behalf
person
custody
pursuant
judgment
state
shall
granted
unless
appears
applicant
exhausted
remedies
available
courts
state
either
absence
available
state
corrective
process
existence
circumstances
rendering
process
ineffective
protect
rights
prisoner
applicant
shall
deemed
exhausted
remedies
available
courts
state
within
meaning
section
right
law
state
raise
available
procedure
question
presented
section
one
small
part
comprehensive
revision
judicial
code
original
version
passed
house
provided
application
writ
habeas
corpus
behalf
person
custody
pursuant
judgment
state
authority
state
officer
shall
granted
unless
appears
applicant
exhausted
remedies
available
courts
state
adequate
remedy
available
courts
courts
denied
fair
adjudication
legality
detention
constitution
laws
sess
senate
amended
house
bill
changing
house
version
present
form
senate
report
accompanying
bill
one
purpose
amendment
substitute
detailed
specific
language
phrase
adequate
remedy
available
phrase
sufficiently
specific
precise
meaning
therefore
spelled
detail
section
done
amendment
house
accepted
senate
version
judicial
code
without
amendment
congress
amended
add
subsection
redesignate
existing
paragraphs
subsections
see
pub
stat
see
note
habeas
petitions
exhausted
unexhausted
claims
speedy
release
comity
judicial
efficiency
rev
suggesting
habeas
petitions
contain
multiple
claims
see
also
developments
federal
habeas
corpus
harv
rev
cited
favorably
braden
wong
doo
petitioner
brought
two
habeas
corpus
petitions
obtain
release
custody
deportation
order
ground
relief
contained
second
petition
also
contained
first
petition
pursued
first
habeas
proceeding
held
petitioner
full
opportunity
offer
proof
first
hearing
lower
consider
second
petition
present
case
course
controlled
wong
doo
respondent
litigated
unexhausted
claims
federal
nonetheless
case
provides
guidance
situation
prisoner
deliberately
decides
exhaust
claims
state
filing
habeas
corpus
petition
disposition
case
reach
petitioner
claims
grounds
offered
respondent
merit
habeas
relief
justice
blackmun
concurring
judgment
important
issue
case
whether
conservative
total
exhaustion
rule
espoused
two
courts
appeals
fifth
ninth
circuits
see
ante
required
whether
approach
adopted
eight
courts
appeals
district
may
review
exhausted
claims
mixed
petition
proper
interpretation
statute
basic
issue
firmly
agree
majority
courts
appeals
dispute
value
comity
applicable
productive
harmony
state
federal
courts
deny
principle
exhaustion
clearly
embrace
troubles
total
exhaustion
rule
adopted
read
statute
concedes
ante
sheer
force
operates
trap
uneducated
indigent
pro
se
delays
resolution
claims
frivolous
tends
increase
rather
alleviate
case
load
burdens
state
federal
courts
use
old
expression
ruling
seems
throw
baby
bath
water
although
purporting
rely
policies
upon
exhaustion
requirement
based
uses
doctrine
blunderbuss
shatter
attempt
litigation
constitutional
claims
without
regard
purposes
underlie
doctrine
called
existence
braden
judicial
circuit
purposes
require
result
reaches
fact
support
approach
taken
appeals
case
call
dismissal
unexhausted
claims
mixed
habeas
petition
moreover
extent
ruling
today
impact
whatsoever
workings
federal
habeas
alter
fear
litigation
techniques
habeas
petitioners
correctly
observes
ante
neither
language
legislative
history
exhaustion
provisions
mandates
dismissal
habeas
petition
containing
exhausted
unexhausted
claims
precedent
dictate
result
reached
picard
connor
example
ruled
federal
claim
fairly
presented
state
courts
exhaustion
requirement
satisfied
emphasis
supplied
respondent
complied
direction
picard
respect
challenges
trial
limitation
victim
least
prosecutor
allegedly
improper
comments
fails
note
moreover
prisoners
compelled
utilize
every
available
state
procedure
order
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consistent
intent
congress
enacted
meritorious
claims
procedures
must
ensure
claims
stifled
undiscriminating
generalities
complexities
federalism
workings
scheme
government
involving
interplay
two
governments
one
subject
limitations
enforceable
escaped
simple
rigid
rules
avoiding
abuses
generate
others
brown
allen
opinion
frankfurter
consistently
rejected
interpretations
habeas
corpus
statute
suffocate
writ
stifling
formalisms
hobble
effectiveness
manacles
arcane
scholastic
procedural
requirements
hensley
municipal
cf
marino
ragen
rutledge
concurring