Is a constitutional claim for relief that has not been exhausted in a federal habeas petition cognizable?
MultiRegion, United States of America
The following excerpt is from Kelly v. State of Wash., 993 F.2d 883 (9th Cir. 1993):
Constitutional claims for relief that have not been exhausted in state court are not cognizable in a federal habeas petition. Rose v. Lundy, 455 U.S. 509, 518-20, 522 (1982). A claim is considered exhausted when it
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a federal court grant relief under Section 2254 or Section 2255 of the US Constitution for the purposes of habeas corpus relief on the basis that evidence obtained in an unconstitutional search or seizure was introduced at a state or federal trial? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
Can a federal habeas corpus petition allege deprivation of a federal right to present a cognizable claim? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
Can a claim of error in sentencing make a claim for federal habeas corpus relief? (MultiRegion, United States of America)
Can a federal district court dismiss a habeas petition without resolving whether all the claims have been exhausted? (MultiRegion, United States of America)
Does a habeas petitioner who has defaulted on his federal claims in a state court have to continue to seek relief in a federal court? (MultiRegion, United States of America)
Does a prisoner need to exhaust all avenues of relief before bringing a habeas petition in federal court? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
