Toulson v. Beyer

In this habeas corpus case involving a mixed petition, we must decide whether the district court properly reached and determined the merits of petitioners claim that the state sentencing Judge impermissibly based sentencing on facts not in the record. The district court ruled that although the petitions "mixed" status generally required dismissal without prejudice pending exhaustion of unexhausted claims, it nevertheless could properly reach the merits of the exhausted claims since the unexhausted claims were procedurally defaulted under state law. We believe the district court should not have found the unexhausted claims procedurally defaulted and should have dismissed the entire petition without prejudice. We will reverse and remand.