Granberry v. Greer, No. 85-6790 (U.S. Supreme Court) (481 U.S. 129; 107 S.Ct. 1671) (April 21, 1987) (Justice Stevens)
In this case, building on its decision in Rose v. Lundy, 455 U.S. 509 (1982), the Court held that the State's failure to raise non-exhaustion does not invariably waive the defense. (Iid., at 133-34). Rather, the Court held, the federal appellate courts must look at each case in which the ...
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