What is the test for determining whether a claim is procedurally defaulted?
MultiRegion, United States of America
The following excerpt is from Lawhead v. Sherman, No. 2:16-cv-01288 GEB AC P (E.D. Cal. 2017):
As a preliminary matter, the court notes that respondent argues that this claim is procedurally defaulted. The claim is more easily disposed of on the merits, however, and the court therefore elects to bypass the default issue. See Batchelor v. Cupp, 693 F.2d 859, 864 (9th Cir. 1982) (court may exercise discretion to reach merits where doing so would be more efficient than adjudicating the question of procedural default).
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