What is the test for exhaustion in the context of the writ of habeas corpus?

MultiRegion, United States of America

The following excerpt is from Sherwood v. Tomkins, 716 F.2d 632 (9th Cir. 1983):

As we explained in Batchelor v. Cupp, 693 F.2d 859, 862 (9th Cir.1982), cert. denied, --- U.S. ----, 103 S.Ct. 3547, 77 L.Ed.2d ---- (1983), the doctrine stems "from the basic principle of federalism that federal courts should accord due respect to the role of state courts in enforcing the prohibition against unconstitutional confinement embodied in the writ of habeas corpus. The exhaustion doctrine also serves the interests of judicial economy. State courts should have the first opportunity to examine the lawfulness of a state prisoner's confinement. If the prisoner's claim is meritorious, and if the state remedy is prompt and complete, there is no need to bring post-conviction proceedings in federal courts."

Other Questions


How have the courts interpreted the doctrine of exhaustion of state remedies in the context of federal habeas corpus? (MultiRegion, United States of America)
Does section 2241 of the Habeas corpus act as a substitute for a motion of habeas corpus? (MultiRegion, United States of America)
Is a federal prisoner required to exhaust all administrative remedies before filing a habeas corpus petition? (MultiRegion, United States of America)
What is the test for exhaustion in a federal habeas corpus application? (MultiRegion, United States of America)
What is the test for post-conviction relief in the context of federal habeas corpus? (MultiRegion, United States of America)
What is the test for exhaustion of a writ of habeas corpus? (MultiRegion, United States of America)
Does a state have to exhaust all available remedies to obtain habeas corpus relief from the federal courts? (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 establishing a "new constitutional rule of criminal procedure" in the context of habeas corpus? (MultiRegion, United States of America)
What is the effect of a federal district court finding that a habeas corpus petition has not been exhausted? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.