Does a prisoner need to exhaust all avenues of relief before bringing a habeas petition in federal court?

MultiRegion, United States of America

The following excerpt is from Sager v. Maass, 919 F.2d 145 (9th Cir. 1990):

Generally, when a state allows review of a constitutional violation either on direct appeal or by collateral attack, a prisoner need exhaust only one avenue of relief before bringing a habeas petition in federal court. Turner v. Compoy, 827 F.2d 526, 529 (9th Cir.1987), cert. denied, 489 U.S. 1059 (1989). Nevertheless, when a state "mandate[s] a particular procedure to be used to the exclusion of other avenues of seeking relief ..., presenting an issue to the state's highest court via a statutorily deviating path will not exhaust state remedies." Id. (holding that although a statutorily-mandated collateral procedure would preclude exhaustion by direct appeal, a mere preference by the state court that claims of ineffective assistance of counsel be brought in a habeas petition does not preclude exhaustion by direct appeal).

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