Hafley v. Sowders

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, 71 L. Ed. 2d 379, 102 S. Ct. 1198 (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, 95 L. Ed. 2d 119, 107 S. Ct. 1671 (1987), by reaching the merits of Hafleys one exhausted claim, a challenge to the propriety of the Kentucky trial courts 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 petitioners 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.