Earl Glen Hafley v. Dewey Sowders, 902 F.2d 480 (6th Cir. 1990). · Go Syfert
Earl Glen Hafley v. Dewey Sowders, 902 F.2d 480 (6th Cir. 1990). Cases Citing This Book View Copy Cite
Quick Summary

A petitioner exhausts state court remedies under 28 U.S.C. § 2254 only if each issue is presented to both the state intermediate appellate court and the state court of last resort.

A prisoner seeking federal habeas relief filed a mixed petition containing one exhausted claim regarding the admission of rebuttal testimony and six unexhausted claims alleging ineffective assistance of counsel. The petitioner failed to present the ineffective assistance claims to the state's highest court, having only sought relief from the state trial and appellate courts. To satisfy the exhaustion requirement under 28 U.S.C. § 2254, a petitioner must present each issue to both the state intermediate appellate court and the state court of last resort. Because the ineffective assistance claims were not presented to the state supreme court, they were not exhausted. The court exercised discretion to reach the merits of the exhausted claim but found it meritless.

568 citation events (550 in the last 25 years) across 8 distinct courts.
Treatment trajectory · 1991 → 2026 · click a year to view as-of
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Cited for
At page 483 Exhaustion of state court remedies under 28 U.S.C. § 2254406 citing cases[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 3 See https://www.courts.michigan.gov/case-search/ (select “Cases,” enter “Cassandra Larson,” select “PEOPLE OF MI V CASSANDRA MARIE LARSON” under “COA #379867”) (last visited June 25, 2026). 3 U.S.C. § 2254…108 citing courts put it this way · 240 listed here
  • Fenner, No. 1:26-cv-01273 (W.D. Mich. Aug. 14, 2026). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Braman, No. 1:26-cv-01465 (W.D. Mich. Aug. 12, 2026). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Rewerts, No. 1:25-cv-01798 (W.D. Mich. July 27, 2026). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Tasson, No. 2:26-cv-00047 (W.D. Mich. July 2, 2026). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Justin S. Slates v. Jamie Corrigan, No. 2:26-cv-00124 (W.D. Mich. June 26, 2026). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Austin 741189 v. Taskila, No. 2:22-cv-00199 (W.D. Mich. Oct. 28, 2022). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Walker 747025 v. King, No. 1:22-cv-00497 (W.D. Mich. July 13, 2022). 2 cites
    ([P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Canedo 604954 v. Horton, No. 2:22-cv-00059 (W.D. Mich. Apr. 25, 2022). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Davis 368425 v. Washington, No. 2:21-cv-00129 (W.D. Mich. Mar. 23, 2022). 2 cites
    ([P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Terrell 712911 v. Davids, No. 1:22-cv-00032 (W.D. Mich. Mar. 9, 2022). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
Show 230 more citing cases
  • Odle 652308 v. Macauley, No. 1:21-cv-00754 (W.D. Mich. Sept. 24, 2021). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Dupree 532834 v. Skipper, No. 1:21-cv-00611 (W.D. Mich. Sept. 22, 2021). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Young 356874 v. MacCauley, No. 1:21-cv-00662 (W.D. Mich. Aug. 16, 2021). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as 5 to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to t…)
  • Ryan 265682 v. Rewerts, No. 1:20-cv-00306 (W.D. Mich. July 6, 2021).
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Harris 476889 v. Skipper, No. 1:21-cv-00460 (W.D. Mich. June 15, 2021). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Purnell 645452 v. Rewerts, No. 1:21-cv-00324 (W.D. Mich. May 12, 2021). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Sosby 576425 v. Brown, No. 2:21-cv-00054 (W.D. Mich. Mar. 26, 2021). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Gentry 947972 v. Par., No. 1:18-cv-00701 (W.D. Mich. Mar. 17, 2021). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Calhoun 379175 v. Steward, No. 1:21-cv-00035 (W.D. Mich. Mar. 1, 2021). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Calhoun 379175 v. Steward, No. 1:21-cv-00035 (W.D. Mich. Feb. 23, 2021). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Wine 234703 v. Jackson, No. 1:21-cv-00086 (W.D. Mich. Feb. 4, 2021). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Webb 236602 v. Jackson, No. 1:21-cv-00058 (W.D. Mich. Jan. 22, 2021). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Noble 234085 v. Jackson, No. 1:21-cv-00028 (W.D. Mich. Jan. 21, 2021). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Adams 389698 v. Jackson, No. 1:20-cv-01198 (W.D. Mich. Dec. 17, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Smith 365581 v. Jackson, No. 1:20-cv-01160 (W.D. Mich. Dec. 9, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Moore 208380 v. Morrison, No. 1:20-cv-01107 (W.D. Mich. Nov. 30, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Gates 957047 v. Horton, No. 2:20-cv-00029 (W.D. Mich. Oct. 30, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Crawford 965736 v. Morrison, No. 1:20-cv-00691 (W.D. Mich. Oct. 20, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Mott 193734 v. Rewerts, No. 1:20-cv-00835 (W.D. Mich. Oct. 14, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as 5 to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to t…)
  • Zemke 324731 v. King, No. 1:20-cv-00020 (W.D. Mich. Sept. 28, 2020). 3 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, 8 unless he has presented that issue both to the Michigan Court of Appeals and to t…)
  • Sanders 305405 v. Washington, No. 1:20-cv-00872 (W.D. Mich. Sept. 16, 2020). 3 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Bd. 766060 v. Washington, No. 2:20-cv-00161 (W.D. Mich. Sept. 9, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Wilkes 143351 v. Rewerts, No. 1:20-cv-00719 (W.D. Mich. Sept. 2, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Hurst 190769 v. Rewerts, No. 1:20-cv-00680, 2020 WL 5200888 (W.D. Mich. Sept. 1, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Johnson 753595 v. Burt, No. 1:20-cv-00800 (W.D. Mich. Sept. 1, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Wilson 194476 v. Horton, No. 2:20-cv-00152 (W.D. Mich. Aug. 28, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Powell 261114 v. Washington, No. 2:20-cv-00140 (W.D. Mich. Aug. 24, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Porter 165867 v. Washington, No. 2:20-cv-00141 (W.D. Mich. Aug. 24, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Bragg 151749 v. Rewerts, No. 1:20-cv-00764 (W.D. Mich. Aug. 20, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • James 185721 v. Rewerts, No. 1:20-cv-00762 (W.D. Mich. Aug. 20, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Dye 149800 v. Rewerts, No. 1:20-cv-00746 (W.D. Mich. Aug. 20, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Howell 178115 v. Rewerts, No. 1:20-cv-00763 (W.D. Mich. Aug. 19, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Plair 172434 v. Rewerts et el, No. 1:20-cv-00761 (W.D. Mich. Aug. 19, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Philpot 152262 v. Rewerts, No. 1:20-cv-00765 (W.D. Mich. Aug. 19, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Davis 227488 v. Horton, No. 2:20-cv-00121 (W.D. Mich. Aug. 19, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Foster 187621 v. Washington, No. 2:20-cv-00115 (W.D. Mich. Aug. 18, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Folden 893284 v. Winn, No. 1:20-cv-00619 (W.D. Mich. Aug. 12, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Williams 236300 v. Washington, No. 2:20-cv-00086 (W.D. Mich. Aug. 10, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Tibbs 172432 v. Brown, No. 2:20-cv-00102 (W.D. Mich. Aug. 10, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Jacobs 246952 v. Winn, No. 1:20-cv-00609 (W.D. Mich. Aug. 10, 2020). 2 cites
    (�[P]etitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254 (b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the…)
  • Hill v. Bevier, No. 2:21-cv-12499, 2021 WL 5303928 (E.D. Mich. Nov. 15, 2021).
  • Lesneskie v. Burgess, No. 4:21-cv-11283 (E.D. Mich. Feb. 8, 2022).
  • Millay v. Chapman, No. 2:19-cv-10053 (E.D. Mich. Feb. 16, 2022).
  • Matthews v. Brown, No. 2:21-cv-11493 (E.D. Mich. Mar. 29, 2022).
  • Emery v. Miniard, No. 2:21-cv-12673 (E.D. Mich. Apr. 6, 2022).
  • Cahill v. Rewerts, No. 2:19-cv-12658 (E.D. Mich. May 19, 2022).
  • Parks v. MacCauley, No. 5:21-cv-12182 (E.D. Mich. May 23, 2022).
  • Hull v. MaCauley, No. 2:22-cv-11318 (E.D. Mich. June 21, 2022).
  • Whitmore v. Braman, No. 2:22-cv-11810 (E.D. Mich. Sept. 6, 2022).
  • Scoggin v. Nagy, No. 2:21-cv-12725 (E.D. Mich. Sept. 13, 2022).
  • Cannon v. Douglas, No. 2:22-cv-10152 (E.D. Mich. Oct. 11, 2022).
  • Brown v. Miniard, No. 5:21-cv-12538 (E.D. Mich. Nov. 9, 2022).
  • Rutherford v. Howard, No. 2:22-cv-10521 (E.D. Mich. Dec. 19, 2022).
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  • Buchanan v. Winn, No. 2:16-cv-11602 (E.D. Mich. Sept. 7, 2023).
  • Casson v. Stephenson, No. 5:23-cv-10498 (E.D. Mich. Sept. 11, 2023).
  • Sanders v. Nagy, No. 5:22-cv-11307 (E.D. Mich. Sept. 21, 2023).
  • Houthoofd v. Artis, No. 2:22-cv-11123 (E.D. Mich. Sept. 15, 2023).
  • Jessie v. Skipper, No. 2:20-cv-13270 (E.D. Mich. Dec. 28, 2023).
  • Taylor v. Howard, No. 2:24-cv-10395 (E.D. Mich. Feb. 26, 2024).
  • Buchner v. Douglas, No. 5:23-cv-12185 (E.D. Mich. Feb. 26, 2024).
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  • Loving v. Douglas, No. 2:23-cv-12287 (E.D. Mich. Apr. 15, 2024).
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  • Wilcox 651417 v. Macauley, No. 1:21-cv-01078 (W.D. Mich. Dec. 29, 2021).
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  • Mack 661414 v. Burgess, No. 1:22-cv-00130 (W.D. Mich. Feb. 28, 2022).
  • Smith 365581 v. Artis, No. 1:22-cv-00162 (W.D. Mich. Mar. 16, 2022).
  • Ulrich 253327 v. Burgess, No. 1:22-cv-00104 (W.D. Mich. Mar. 21, 2022).
  • Oom 385246 v. Christiansen, No. 1:22-cv-00083 (W.D. Mich. Mar. 21, 2022).
  • Ruleau 190174 v. Morrison, No. 1:22-cv-00480 (W.D. Mich. June 29, 2022).
  • Daniel 393786 v. Rewerts, No. 1:22-cv-00797 (W.D. Mich. Sept. 26, 2022).
  • Addis 420015 v. Macauley, No. 1:22-cv-00879 (W.D. Mich. Oct. 13, 2022).
  • Barron 322902 v. Macauley, No. 1:22-cv-00107 (W.D. Mich. Nov. 15, 2022).
  • Frohwerk v. Bailey, No. 1:23-cv-00003 (W.D. Mich. Feb. 10, 2023).
  • Fleming 358778 v. Macauley, No. 1:21-cv-00587 (W.D. Mich. Feb. 15, 2023).
  • Ortiz 569152 v. Corrigan, No. 2:22-cv-00238 (W.D. Mich. Feb. 21, 2023).
  • Cunningham 976678 v. Burgess, No. 2:23-cv-00020 (W.D. Mich. Feb. 23, 2023).
  • McMillian 534855 v. Nagy, No. 1:23-cv-00066 (W.D. Mich. Feb. 27, 2023).
  • Hudson v. Kempker, No. 1:23-cv-00141 (W.D. Mich. Mar. 1, 2023).
  • Malm 848914 v. Brown, No. 2:22-cv-00169 (W.D. Mich. Mar. 14, 2023).
  • Griswold 576624 v. Bauman, No. 2:22-cv-00239 (W.D. Mich. Mar. 22, 2023).
  • Barnes 399256 v. Stoddard, No. 1:14-cv-00742 (W.D. Mich. Mar. 28, 2023).
  • Harris 456411 v. Schroeder, No. 2:22-cv-00126 (W.D. Mich. Mar. 29, 2023).
  • Perez 322267 v. MaCauley, No. 1:23-cv-00309 (W.D. Mich. May 5, 2023).
  • Moffit 271355 v. Yancer, No. 1:23-cv-00443 (W.D. Mich. May 31, 2023).
  • Wright 715287 v. Schiebner, No. 1:23-cv-00472 (W.D. Mich. May 30, 2023).
  • Warren 790800 v. Taskila, No. 2:23-cv-00080 (W.D. Mich. June 6, 2023).
  • Nassiri v. Mackie, No. 1:18-cv-00213 (W.D. Mich. Aug. 21, 2023).
  • Breneman 374780 v. Artis, No. 1:23-cv-00640 (W.D. Mich. Aug. 16, 2023).
  • Duncan 847251 v. Burgess, No. 1:23-cv-00355 (W.D. Mich. Aug. 25, 2023).
  • Daniels v. Becker, No. 1:23-cv-00877 (W.D. Mich. Sept. 11, 2023).
  • Harris 456411 v. Schroeder, No. 2:22-cv-00126 (W.D. Mich. Sept. 12, 2023).
  • Kelsey 280530 v. Morrison, No. 1:23-cv-00914 (W.D. Mich. Sept. 20, 2023).
  • Walker 170829 v. Curley, No. 2:23-cv-00164 (W.D. Mich. Oct. 6, 2023).
  • Smith 983197 v. Storey, No. 2:23-cv-00096 (W.D. Mich. Oct. 24, 2023).
  • Swank 444755 v. Rewerts, No. 1:22-cv-01139 (W.D. Mich. Oct. 20, 2023).
  • Harvey 486968 v. Artis, No. 1:22-cv-00026 (W.D. Mich. Oct. 24, 2023).
  • Moore 174138 v. Howard, No. 2:23-cv-00131 (W.D. Mich. Oct. 31, 2023).
  • Douglas 825400 v. Bauman, No. 2:23-cv-00015 (W.D. Mich. Nov. 20, 2023).
  • Fox 412119 v. Brown, No. 1:22-cv-00473 (W.D. Mich. Nov. 29, 2023).
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At page 482 Exhaustion requirement for federal habeas review6 citing cases“affords state courts an opportunity to consider and correct any violation of federal law, thus expressing respect for our dual judicial system while also furnishing a complete record of a petitioner's federal claim as litigated in the state system, including the state court of last resort.”2 citing courts quote it · 5 listed here
Retrieving the full opinion text from the archive…
Earl Glen HAFLEY, Petitioner-Appellant,
v.
Dewey SOWDERS, Warden, Respondent-Appellee
89-5558.
Court of Appeals for the Sixth Circuit.
Jul 9, 1990.
Published opinion
902 F.2d 480
Earl Glen Hafley, West Liberty, Ky., pro se., Joseph R. Johnson, Asst. Atty. Gen., Frederic J. Cowan, Atty. Gen., Office of the Atty. Gen. of Kentucky, Frankfort, Ky., for respondent-appellee.
Merritt, Krupansky, Milburn.
Cited by 384 opinions  |  Published
MERRITT, Chief Judge.

Earl Hafley, a Kentucky pro se prisoner, seeks habeas relief from his state conviction for first-degree burglary and first-degree robbery, the sentences for which were enhanced by his accompanying conviction for being a first-degree persistent felony offender. The District Court dismissed his petition under Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982), for failure to exhaust state remedies with respect to all claims presented in his petition. Finding that one of his claims was exhausted and that the remaining six ineffective assistance of counsel claims were not exhausted, we exercise our discretion under Granberry v. Greer, 481 U.S. 129, 107 S.Ct. 1671, 95 L.Ed.2d 119 (1987), by reaching the merits of Hafley’s one exhausted claim, a challenge to the propriety of the Kentucky trial court’s decision to admit certain rebuttal testimony into evidence. We find that claim to be without merit and therefore affirm its dismissal on the merits. The balance of petitioner’s claims, each alleging ineffective assistance of counsel under the Sixth Amendment, were not exhausted, and we affirm the dismissal of those claims by the District Court on exhaustion grounds.

Hafley was tried by a jury for entering the apartment of an invalid woman, Ethel McClanahan, and robbing her at gunpoint of her medication, including a prescription for Demerol that a local pharmacy had just delivered. At the close of Hafley’s defense, the state prosecutor moved successfully to dismiss all charges against co-defendant Lloyd Dyer. The trial court then permitted the Commonwealth to re-open its case against Hafley and to present Dyer’s testimony, which inculpated Hafley. Defense counsel objected to this “rebuttal testimony” and unsuccessfully moved for a mistrial. The jury returned a guilty verdict against Hafley; his sentence was 25 years.

On direct appeal to the Kentucky Supreme Court, Hafley claimed that the trial judge abused his discretion by reopening the case and violated Hafley’s right to a fair trial by permitting Dyer to testify, thereby subjecting Hafley to “prejudice and unfair surprise.” The Kentucky Supreme Court denied this assignment of error and affirmed the conviction.

[*482] Raising nine grounds of ineffective assistance of counsel under the Sixth Amendment, [1] Hafley sought and was denied post-conviction relief in the state trial court. He then appealed to the Kentucky Court of Appeals. The appellate court affirmed the trial court’s denial of Hafley’s motion to vacate his conviction.

Rather than seek review of these claims in the Kentucky Supreme Court, Hafley petitioned the District Court for habeas relief. In his petition he claimed six bases of ineffective assistance of counsel, as well as his original claim that he was denied his constitutional guarantee to a fair trial when the trial court allowed the prosecution to reopen its ease and then admitted Dyer’s rebuttal testimony into evidence. After considering and adopting the magistrate’s report and recommendation, the District Court dismissed the “mixed” petition on nonexhaustion grounds. From that dismissal Hafley now appeals.

A prisoner is required to exhaust his state remedies before a federal writ of habeas corpus can be granted. 28 U.S.C. § 2254(b), (c) (1982). Such a requirement affords state courts an opportunity to consider and correct any violation of federal law, thus expressing respect for our dual judicial system while also furnishing a complete record of a petitioner’s federal claim as litigated in the state system, including the state court of last resort. Until recently, the Supreme Court’s strict reading of the exhaustion requirement called for the dismissal of all “mixed” petitions, such as Hafley’s, containing both exhausted and unexhausted issues. See Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982). In 1987 in Granberry v. Greer, 481 U.S. 129, 133-36, 107 S.Ct. 1671, 1674-76, 95 L.Ed.2d 119 (1987), however, the Court carved out an exception to the exhaustion requirement, now permitting federal courts, in the exercise of their sound discretion, to hear the exhausted claims presented in mixed petitions while dismissing the unexhausted claims. See Weaver v. Foltz, 888 F.2d 1097 (6th Cir.1989) (relying on Granberry).

The Exhausted Claim

We exercise our authority under Granberry to review petitioner’s exhausted claim respecting the testimony of Dyer. Invoking his authority under Kentucky Rule of Criminal Procedure 9.42(e), the state trial judge permitted the prosecution to re-open its case with Dyer serving as witness rather than co-defendant. Rule 9.42(e) of the Kentucky Rules permits the trial court, “in furtherance of justice,” to admit evidence-in-chief on rebuttal. See Marshall v. Commonwealth, 625 S.W.2d 581 (Ky.1981). The admission of this rebuttal evidence does not constitute such an infringement on the fundamental fairness of the trial to be of constitutional dimensions. Defense counsel had sufficient opportunity to cross-examine Dyer, whose testimony contradicted that of other witnesses. The conflicting testimony charged jurors with their traditional responsibility of making credibility determinations, which, in this case, were decided against Hafley. Although the trial judge earlier had prevented a police detective from incul[*483] pating Hafley through the introduction of Dyer’s extra-judicial statements, Dyer was subject to cross-examination in the rebuttal phase of the case. The procedure followed by the trial court therefore did not violate due process of law or the Sixth Amendment guarantee to a fair trial.

The Unexhausted Claims

In the Sixth Circuit, a habeas petitioner normally must present his claim to the state’s highest court in order to exhaust state remedies under 28 U.S.C. § 2254. Dombkowski v. Johnson, 488 F.2d 68, 70 (6th Cir.1973); Albertson v. Johnson, 440 F.2d 1201 (6th Cir.1971); see Winegar v. Corrections Dep’t, 435 F.Supp. 285, 289 (W.D.Mich.1977) (“[Pjetitioner cannot be deemed to have exhausted his state court remedies as required by 28 U.S.C. § 2254(b) and (c) as to any issue, unless he has presented that issue both to the Michigan Court of Appeals and to the Michigan Supreme Court.") (footnote omitted). This same rule is applied in other circuits as well. See, e.g., Hughes v. Stafford, 780 F.2d 1580 (11th Cir.1986); Toney v. Franzen, 687 F.2d 1016, 1021 (7th Cir.1982).

The case on which Hafley relies, Tuggle v. Seabold, 806 F.2d 87 (6th Cir.1986), confirms rather than dispels this well-accepted principle. There, petitioner had presented his federal claims to the Kentucky Supreme Court; it was his failure to petition that same court for rehearing which our Court held was unnecessary to satisfy the exhaustion requirement of 28 U.S.C. § 2254(b). Id. at 91. The Court recognized in Tuggle the distinction between bypassing a state supreme court altogether, and merely neglecting to re-petition a court that already has considered fully the substance of a federal claim. Here the petitioner Hafley has bypassed the Kentucky Supreme Court altogether with respect to his ineffective assistance of counsel claims.

Accordingly, as to petitioner’s exhausted claim, the District Court’s denial on nonex-haustion grounds of the petition for writ of habeas corpus is vacated, and the claim remanded to the District Court with instructions to dismiss it on the merits. As to the unexhausted claims of ineffective assistance of counsel, the District Court’s dismissal on nonexhaustion grounds is affirmed.

1

. Hafley’s ineffective assistance of counsel claims were:

1) ineffective assistance of counsel on direct appeal for failure to raise issues argued and defeated at trial;

2) failure to investigate and present an available defense;

3) failure to object to dismissal of the indictment against Dyer;

4) failure to object to the trial court's dismissal of Dyer’s indictment in exchange for his testimony;

5) failure to request a cautionary instruction on Dyer’s testimony;

6) failure to allow Hafley to take the witness stand after Dyer testified;

7) failure to challenge Hafley's "persistent felony offender" conviction when guilty pleas to prior felony offenses were not entered knowingly or voluntarily;

8) failure to investigate a particular felony conviction where counsel was absent during sentencing; and

9) failure to call a witness who would have been discoverable had counsel investigated more thoroughly.

Each of these ineffective assistance claims was heard and denied by the state trial and appellate courts on post-conviction relief. None was presented to the Kentucky Supreme Court.