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Criminal Procedure Keyed to Ohlin
Rose v. Lundy
Citation:
455 U.S. 509 (1982)Facts
Following a jury trial, respondent Noah Lundy was convicted on charges of rape and crime against nature, and sentenced to the Tennessee State Penitentiary. The Tennessee Court of Criminal Appeals affirmed the convictions and the Tennessee Supreme Court denied review. The respondent subsequently filed a petition in federal district for a writ of habeas corpus on the ground that he had been denied the right to confrontation; that he had been denied the right to a fair trial; that the trial judge improperly instructed the jury that every witness is presumed to swear the truth. After reviewing the state court records, however, the district court concluded that it could not consider claims in the constitutional framework because the respondent had not exhausted his state remedies for those grounds. The court nevertheless stated that in assessing the atmosphere of the cause taken as a whole these items may be referred to collaterally.
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