Is Section 2254(d) of the Criminal Code sufficient to establish that the Court of Appeal is the "principal forum for asserting constitutional challenges to the conviction of a criminal defendant"?
MultiRegion, United States of America
The following excerpt is from Stinnett v. McDonald, 1:09-cv-00775 MJS HC (E.D. Cal. 2012):
principal forum for asserting constitutional challenges to state convictions." Id. at 787. It follows from this consideration that 2254(d) "complements the exhaustion requirement and the doctrine of procedural bar to ensure that state proceedings are the central process, not just a preliminary step for later federal habeas proceedings." Id. (citing Wainwright v. Sykes, 433 U.S. 72, 90 (1977)).
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