Sixth Circuit· 8/19/1987

Robert A. Prather v. John Rees, Warden

Citations

822 F.2d 1418

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

noting that a “habeas petitioner must present his claim to the state courts as a federal constitutional issue”
providing that the district court can and must raise the issue of whether a habeas petitioner properly exhausted his state court remedies sua sponte when it clearly appears that the petitioner did not present his habeas claims to the state courts
providing that the district court can and must raise the issue of whether a habeas petitioner properly exhausted his state court remedies sua sponte when it clearly appears that the petitioner did not present his habeas claims to the state courts
explaining why federal courts should raise exhaustion sua sponte before reviewing the merits of a § 2254 habeas petition
“Ordinarily, the state courts must have had the opportunity to pass on defendant’s claims of constitutional violations”
“Ordinarily, the state courts must have had the opportunity to pass on defendant’s claims of constitutional violations”

Source: CourtListener parenthetical corpus (CC0).

Judges: Nelson, Ryan, Enslen

Read full opinion on CourtListener

Cited by

38 cases in this archive cite this case; the 20 most cited are listed.

Cites

42 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.