Can a federal judge dismiss a state habeas petition alleging ineffective assistance of counsel?
MultiRegion, United States of America
The following excerpt is from Kukes v. Estelle, 942 F.2d 792 (9th Cir. 1991):
Kukes raises some claims of ineffective assistance of counsel that were not raised or fairly presented in his state habeas petitions, including, among others, his counsel's failure to introduce certain mitigating evidence or move for dismissal after the prosecution's alleged misconduct during closing argument. Because the federal petition contains unexhausted claims, the district court properly dismissed the entire petition. See Rose v. Lundy, 455 U.S. 509, 510 (1982).
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