United States Ninth Circuit

A habeas petitioner did file a "mixed" petition before the district court, although only two of his claims were unexhausted, thus on remand the court must offer petitioner the opportunity to dismiss those two claims and proceed on the merits of the others.

Appellate Information

• Argued 05/10/2002
• Decided 08/27/2002
• Published 08/27/2002

Judges

• Before LAY,CANBY, JR., and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Wayne R. Young, Santa Monica, CA, for the petitioner-appellant.


• For Appellees:
  
• Alan D. Tate, Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.