In what circumstances will the exhaustion rule be applied in the context of a motion brought by a lower federal court to overturn a previous federal conviction?
MultiRegion, United States of America
The following excerpt is from Daye v. Attorney General of State of N. Y., 663 F.2d 1155 (2nd Cir. 1981):
In such circumstances, the basis for the exhaustion rule is nonexistent. The doctrine is bottomed on the exercise of judicial restraint to avoid the friction created when a lower federal court upsets a state court conviction without the state court system first being given an opportunity to correct its own alleged constitutional errors. Preiser v. Rodriguez, 411 U.S. 475, 490, 93 S.Ct. 1827, 1836, 36 L.Ed.2d 439 (1973).
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