What is the test for exhaustion defense?
MultiRegion, United States of America
The following excerpt is from Raines v. U.S. Parole Com'n, 829 F.2d 840 (9th Cir. 1987):
Granberry v. Greer, 481 U.S. ----, ----, 107 S.Ct. 1671, 1674, 95 L.Ed.2d 119 (1987) (footnotes omitted). In the case before us, the government made a tactical decision to litigate on the merits before the district court. We should not and will not prolong this litigation by permitting the exhaustion defense at this late date.
REVERSED as to the forfeiture of street time; AFFIRMED in all other respects.
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