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· 9/27/2023

Walsh v. Kenny

Citations

  • 198 N.Y.S.3d 90
  • 219 A.D.3d 1555
  • 2023 NY Slip Op 04791

How courts have described this case

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

  • holding that a federal district court must dismiss a state habeas petitioner's writ containing both unexhausted and exhausted claims
  • holding that a federal habeas court ordinarily should not adjudicate a “mixed” petition, i.e., one containing both exhausted and unexhausted claims
  • holding that a federal habeas court ordinarily should not adjudicate a “mixed” petition, i.e., one containing both exhausted and unexhausted claims
  • holding that district court should dismiss, without prejudice, habeas petition containing both exhausted and unexhausted claims
  • holding that a district court must dismiss habeas petitions containing any claims that have not been exhausted in state court
  • holding that district courts ordinarily must dismiss a § 2254 petition without prejudice if the petitioner has not exhausted his state postconviction remedies

Source: CourtListener parenthetical corpus (CC0).

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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.