Logourl black
From our private database of 14,200+ case briefs...

Rose v. Lundy

United States Supreme Court
455 U.S. 509 (1982)


Facts

Noah Lundy (defendant) was convicted of rape and crime against nature. The Tennessee Court of Criminal Appeals affirmed, and the Tennessee Supreme Court declined review. The Knox County Criminal Court denied Lundy’s petition for post-conviction relief. Lundy petitioned the federal district court for a writ of habeas corpus under 28 U.S.C. § 2254. Lundy asserted two claims that had been exhausted in the state courts and two that had not. The district court granted the writ but determined it could not assess the unexhausted claims. Nevertheless, the court said those claims “may be referred to collaterally” and considered brand new claims of prosecutorial error. The United States Court of Appeals for the Sixth Circuit affirmed. The United States Supreme Court granted certiorari to consider whether mixed petitions must be dismissed.

Rule of Law

Issue

Holding and Reasoning (O’Connor, J.)

Concurrence (Blackmun, J.)

Concurrence/Dissent (Brennan, J.)

Dissent (Stevens, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 240,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.