Granberry v. Greer
United States Supreme Court
481 U.S. 129 (1987)
- Written by Arlyn Katen, JD
Facts
Waldo Granberry (defendant), a state prisoner, filed a petition for a writ of habeas corpus in the United States District Court for the Southern District of Illinois. The government argued that Granberry’s petition failed to state a claim upon which relief could be granted. The district court dismissed Granberry’s petition on its merits. Granberry appealed to the United States Court of Appeals for the Seventh Circuit. For the first time, the government contested that Granberry had not exhausted his state remedies. Granberry responded that the government had waived the nonexhaustion defense by failing to raise it in district court. The United States Court of Appeals for the Seventh Circuit dismissed Granberry’s appeal, finding that a nonexhaustion defense could not be waived. The United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Stevens, J.)
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