WATSON

v.

PATTERSON, WARDEN

Citator

Cited By (15 total)

• Gennero Galtieri v. Louie L. Wainwright, 582 F.2d 348 (5th Cir. 1978)
  …nied, 434 U.S. 844, 98 S.Ct. 145, 54 L.Ed.2d 109 (1977); Brown v. Wisconsin State Dept. of Public Welfare, 457 F. 2d 257 (7th Cir. 1972); Smith v. Gaffney, 462 F. 2d 663 (10th Cir. 1972); Watson v. Patterson, 358 F. 2d 297 (10th Cir.), cert. denied, 385 U.S. 876, 87 S.Ct. 153, 17 L.Ed.2d 103 (1966). The Ninth Circuit has adopted the view that when mixed claims are presented, a district court should not address the merits of any issue until the available state remedies are exhausted as to every issue. Gonza…
• United States v. Humphrey, 409 F.2d 1055 (10th Cir. 1969)
  …49)). Unless, of course, it is reasonably “incident” to a legal arrest (Weeks v. United States, supra, Harris v. United States, 331 U.S. 145, 67 S.Ct. 1098, 91 L.Ed. 1399 (1947) and Welch v. United States, 361 F. 2d 214 (10th Cir. 1966) cert. den. 385 U.S. 876, 87 S.Ct. 153, 17 L.Ed.2d 103), or can be said to be a mere “stop and frisk” as in Terry v. Ohio, supra and Sibron v. New York, 392 U.S. 40, 88 S.Ct. 1889, 20 L.Ed.2d 917 (1968). Notably, these exceptions are not based on anything inherent in the…
• United States ex rel. David M. Levy v. Hon. Daniel McMANN, 394 F.2d 402 (2d Cir. 1968)
  …nrelated to the principal claim of this petition. We recognize the dilemma presented to a district judge in situations where a petition includes both exhausted and unexhausted claims. Watson v. Patterson, 358 F. 2d 297, 298 (10 Cir.), cert. denied, 385 U.S. 876, 87 S.Ct. 153, 17 L.Ed.2d 103 (1966). If he considers the exhausted issues, he is possibly fostering “needless piecemeal litigation.”6 Sanders v. United States, 373 U.S. 1, 18, 83 S.Ct. 1068, 10 L.Ed.2d 148 (1963). If he refuses to consider the exha…