Rainwater Law Group

Effective Criminal Defense

Mena v. Long, No. 14-55102 [February 17, 2016]

Mena v. Long

The district court dismissed the petition on the assumption that it lacked authority to grant the petitioner’s request for a Rhines stay. The court held that “the Rhines stay-and-abeyance procedure is not limited to mixed petitions, and a district court may stay a petition that raises only unexhausted claims.” The court remanded to the district court “to decide in the first instance whether Mena is entitled to such a stay.”

blog comments powered by Disqus