From our private database of 35,600+ case briefs...
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.)
What to do next…
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 618,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
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.Learn about our approachRead more about Quimbee
Here's why 618,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 35,600 briefs, keyed to 984 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.