What is the test for exhaustion in a motion for writ of habeas corpus?
MultiRegion, United States of America
The following excerpt is from Sims v. Biter, Case No. 1:15-cv-00828-SMS (E.D. Cal. 2015):
A petitioner who is in state custody and wishes to challenge collaterally his conviction by a federal petition for writ of habeas corpus must first exhaust state judicial remedies. 28 U.S.C. 2254(b)(1). The exhaustion doctrine is based on comity with the state court and gives the state court the initial opportunity to correct the state's constitutional deprivations. Coleman v. Thompson, 501
Page 2
"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
Does section 2241 of the Habeas corpus act as a substitute for a motion of habeas corpus? (MultiRegion, United States of America)
What are the consequences of exhaustion of the state remedies used in a motion to obtain a writ of habeas corpus? (MultiRegion, United States of America)
What is the test for declining to hear a motion for motion for writ of habeas corpus? (MultiRegion, United States of America)
Is a motion for habeas corpus dismissed on the grounds that appellant has not exhausted all other remedies? (MultiRegion, United States of America)
What is the test for exhaustion of remedies in a motion for writ of habeas corpus? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss a motion for writ of habeas corpus? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
What is the test for exhaustion in a motion for habeas corpus relief? (MultiRegion, United States of America)
What is the test for a motion under Habeas Rule 4 to dismiss a petition for writ of habeas corpus? (MultiRegion, United States of America)
What is the test for exhaustion in a motion for habeas corpus? (MultiRegion, United States of America)
