United States Third Circuit

Inclusion of unexhausted claims with properly exhausted claims in a habeas petition does not make the petition "mixed," requiring the district court to dismiss the petition, if the unexhausted claims are otherwise procedurally barred.

Appellate Information

• Argued 03/13/2001
• Decided 09/07/2001
• Published 09/07/2001

Judges

• Before:  ALITO and RENDELL, Circuit Judges, and SCHWARZER, Senior District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Mary Gibbons, (Argued), Toms River, NJ, Counsel for Appellant., D. Michael Fisher, Attorney General, Robert A. Graci, Assistant Executive Deputy, Attorney General, Office of the Attorney General, Harrisburg, PA, Counsel for Amicus Attorney General of Pennsylvania.


• For Appellees:
  
• Michael A. George, (Argued), District Attorney, Office of District Attorney, Adams County Courthouse, Gettysburg, PA, Counsel for Appellee.