Is petitioner permitted to continue to argue that it is now too late for him to pursue his claim in the Court of Appeal?
MultiRegion, United States of America
The following excerpt is from Lull v. California, No. 2:17-cv-1673-MCE-EFB P (E.D. Cal. 2018):
Finally, petitioner is not excused from exhaustion by an argument that it is now too late to present his claims in state court. See Edwards v. Carpenter, 529 U.S. 446, 453 (2000) ("The purposes of the exhaustion requirement, we said, would be utterly defeated if the prisoner were able to obtain federal habeas review simply by 'letting the time run' so that state remedies were no longer available.").
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IV. Conclusion
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