[DOWNLOAD] "Crews V. Horn" by In the United States Court of Appeals for the Third Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Crews V. Horn
- Author : In the United States Court of Appeals for the Third Circuit
- Release Date : January 04, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Petitioner Paul David Crews, who faces a death sentence for a doublemurder, appeals the dismissal without prejudice of his petition for a writ of habeas corpus. Crews concedes that the petition is a mixed petition ( i.e., it contains both exhausted and unexhausted claims), so that the District Court lacks the power to grant relief under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), codified at 28 U.S.C. § 2254(b)(1). However, he argues that, instead of dismissing the petition without prejudice, the District Court should hold it in abeyance while he attempts to exhaust his unexhausted claims in state court. He contends that dismissing the petition without prejudice has created the possibility that he will be time-barred under AEDPA from returning to federal court after his attempt to exhaust his unexhausted claims, even though his initial habeas petition was timely under AEDPA. We agree with Crews and will reverse the District Court's dismissal of the petition and remand it to the District Court.