(DOWNLOAD) "Weaver v. Foltz" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free

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Title: Weaver v. Foltz
Author : United States Court Of Appeals For The Sixth Circuit
Release Date : January 02, 1989
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 52 KB

Description

In this case, the District Court dismissed Weavers habeas corpus petition under Rose v. Lundy, 455 U.S. 509, 71 L. Ed. 2d 379, 102 S. Ct. 1198 (1982), as a "mixed" petition containing exhausted and unexhausted issues. It did so without regard to the subsequent case of Granberry v. Greer, 481 U.S. 129 , 95 L. Ed. 2d 119, 107 S. Ct. 1671 (1987), which allows consideration of exhausted issues in mixed habeas corpus petitions. In our view, Weavers insufficient evidence claim under Jackson v. Virginia, 443 U.S. 307, 61 L. Ed. 2d 560, 99 S. Ct. 2781 (1979), may well be dispositive of the case; and, as stated by the District Court, that federal claim was exhausted because it was fairly presented to the Michigan courts. Accordingly, we exercise our discretion under Granberry and vacate the District Courts order denying relief. Further, we remand for consideration of the insufficient evidence claim and any other federal claims fairly presented to the Michigan courts.