Luis Gutierrez v. Gary Miniard, Warden

Mr. Gutierrez now raises the following question for this Court’s review: Whether a subsequent habeas petition, containing only claims which were unexhausted when the initial KDEHDV SHWLWLRQ ZDV XQWLPHO\ ÀOHG ZDV VHFRQGLQWLPH because the unexhausted claims were not decided on their merits or were unripe or whether the constitutional LQHIIHFWLYHQHVVRIWKHDWWRUQH\ZKRÀOHGWKHSHWLWLRQFDQ be considered, consistent with Castro v. United States, 540 US 375 (2007), to decide whether the petition was second-in-time, despite the language in 28 USC 2254(i).