United States Third Circuit

District court's denial of defendant's petition for habeas relief is vacated and remanded because the court did not consider the Supreme Court's decision in Pace v. DiGuglielmo, 544 U.S. 408 (2005), in holding that the Rhines v. Weber, 544 U.S. 269 (2005), stay-and-abeyance procedure applies exclusively to mixed petitions. As the Supreme Court has indicated that a petitioner may file a "protective" petition meriting a stay under Pace even where only unexhausted claims are at issue, the case is remanded for the district court to consider whether petitioner has met the stay-and-abeyance standard set out in Rhines and thus should be granted a stay.

Appellate Information

• Argued 03/12/2009
• Decided 09/14/2009
• Published 09/14/2009

Judges

• Before FUENTES, CHAGARES, and TASHIMA, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• J. Nicholas Ranjan (Argued), K & L Gates, Pittsburgh, PA, for Appellant.


• For Appellees:
  
• James F. Marsh (Argued), Mark S. Matthews, Office of District Attorney, Stroudsburg, PA, for Appellees.