What is the test for exhaustion in the context of habeas review?
MultiRegion, United States of America
The following excerpt is from Jones v. Davis, No. 14-56373 (9th Cir. 2015):
The panel held that this court has discretion to deny a claim as barred by Teague v. Lane, under which federal courts may not consider novel constitutional theories on habeas review, without considering the parties' arguments concerning exhaustion.
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