WESTPHALEN

v.

CITY OF CHICAGO ET AL.

Citator

Cited By

• Graham v. Solem, 728 F.2d 1533 (8th Cir. 1984)
  …ult. Richards, 693 F. 2d at 764. All three orders involved cases in which mixed habeas petitions were decided on the merits by the federal district and circuit courts before Rose v. Lundy was handed down. In two of these orders, Duckworth v. Cowell, 455 U.S. 996, 102 S.Ct. 1626, 71 L.Ed.2d 858 (1982), and Rodriquez v. Harris, 455 U.S. 997, 102 S.Ct. 1627, 71 L.Ed.2d 858 (1982), the Court granted certiorari, vacated the judgment, and remanded the case to the court of appeals with instructions to direct the d…

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• Niziolek v. Ashe, 694 F.2d 282 (1st Cir. 1982)
  …d habeas petitions. On March 8,1982, five days after Rose, the Court remanded two cases to federal appellate courts with directions that these courts instruct the appropriate district court to dismiss the mixed habeas petition. Duckworth v. Cowell, 455 U.S. 996, 102 S.Ct. 1626, 71 L.Ed.2d 858 (1982); Rodriguez v. Harris, 455 U.S. 997, 102 S.Ct. 1627, 71 L.Ed.2d 858 (1982). In May of 1982, however, the Court remanded a mixed petition case to the circuit court “for further consideration” in light of Rose. B…
• Darden v. Louie L. Wainwright, 725 F.2d 1526 (11th Cir. 1984)
  …austion rule promulgated in Rose may not be waived or conceded in the district court by a state attorney general and may be noticed by this court sua sponte on appeal. 698 F. 2d at 243. The sixth circuit’s holding was based on Duckworth v. Cowell, 455 U.S. 996, 102 S.Ct. 1626, 71 L.Ed.2d 858 (1982) and Rodriquez v. Harris, 455 U.S. 997, 102 S.Ct. 1627, 71 L.Ed.2d 858 (1982). In both of these cases the Supreme Court encountered exhausted claims from mixed petitions which the courts of appeals decided on th…

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