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Criminal Law

: Tenth Circuit Blog

Piecemeal Dismissal of Claims Improper

By Shari Allison

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Snyder v. Ortiz, 2008 WL 2961343 (8/4/08) (unpub'd) - In habeas case, the district court was wrong to dismiss the unexhausted claims and deny the other exhausted ones. A mixed petition must either be dismissed in its entirety without prejudice or the district court must deny all the claims on the merits.

Full post as published by Tenth Circuit Blog on August 12, 2008 (boomark / email).

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