Does the federal court have jurisdiction to hear the merits of a claim of ineffective assistance of counsel for failure to call alibi witnesses?

MultiRegion, United States of America

The following excerpt is from Tacho v. Martinez, 862 F.2d 1376 (9th Cir. 1988):

Based upon precedent, we think it readily apparent that because none of the state courts addressed the merits of petitioner's claim of ineffective assistance of counsel for failure to call alibi witnesses, the federal courts are likewise foreclosed from addressing the merits of petitioner's constitutional claim. 3 Cf. Turner v. Compoy, 827 F.2d 526, 530 (9th Cir.1987) ("[I]f the denial of review is explicitly based on procedural grounds ... we will assume state remedies have not been exhausted").

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