When Pizzuto files his initial federal habeas corpus petition, does he have to return to state court to exhaust all of his post-conviction claims?

MultiRegion, United States of America

The following excerpt is from Pizzuto v. Ramirez, 783 F.3d 1171 (9th Cir. 2015):

Pizzuto filed his initial federal habeas corpus petition, which the state answered by arguing that many of Pizzuto's claims were not exhausted because they had not been brought in the initial state post-conviction proceeding. Pizzuto then returned to state court to exhaust those claims, but the Idaho courts held that those same claims were procedurally barred because they could have been brought in the first post-conviction proceeding. Pizzuto v. State, 127 Idaho 469, 903 P.2d 58 (1995). When Pizzuto returned to federal court, the district court held that Pizzuto had not shown sufficient cause to excuse the procedural default of his ineffective assistance of counsel and judicial bias claims. We affirmed those rulings. Arave, 280 F.3d at 97576.

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