What is the test for habeas relief for a state prisoner?

MultiRegion, United States of America

The following excerpt is from Lozada v. Deeds, 72 F.3d 135 (9th Cir. 1995):

Out of concerns of comity and federalism, a state prisoner's application for federal habeas relief "shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the [s]tate, or that there is either an absence of available state corrective process or the existence of circumstances rendering such process ineffective to protect the rights of the prisoner." 28 U.S.C. Sec. 2254(b). The "exhaustion doctrine" is designed "to avoid the unnecessary friction between the federal and state court systems that would result if a lower federal court upset a state court conviction without first giving the state court system an opportunity to correct its own constitutional errors." Preiser v. Rodriguez, 411 U.S. 475, 490 (1973). This was done here.

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