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Slack v. McDaniel
United States Supreme Court
529 U.S. 473 (2000)
A Nevada state court convicted Antonio Slack (defendant) of second-degree murder. After his appeal was unsuccessful, Slack filed a writ of habeas corpus petition in federal district court under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). In his petition, Slack wanted to litigate claims that he had not raised in state court, but the district court was required to dismiss such a petition because those state claims had not been exhausted. Consequently, Slack asked the district court to hold his petition in abeyance while he returned to state court to exhaust his new claims. The state (plaintiff) did not object, and the district court ordered Slack’s petition dismissed without prejudice and gave Slack “leave to file an application to renew upon exhaustion of all State remedies.” Slack was unsuccessful in litigating his new claims in state court, so he filed a new federal habeas petition in district court. The district court dismissed his second petition, finding that the petition was an unlawful mixed petition that raised some claims already presented in state court along with some that were not, and that Slack was abusing his right to habeas corpus by including second or successive claims not raised in his first petition. Slack appealed.
Rule of Law
Holding and Reasoning (Kennedy, J.)
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