Search for: ""O'Sullivan v. Boerckel" OR "526 U.S. 838"" Results 1 - 1 of 1
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16 Sep 2011, 5:42 pm by Brian Shiffrin
In other words, the state prisoner must give the state courts an opportunity to act on his claims before he presents those claims to a federal court in a habeas petition.Interpreting this exhaustion requirement, the United States Supreme Court in O’Sullivan v Boerckel (526 U.S. 838 [1999]) held that a prisoner who fails to present his claims in a petition for discretionary review to a state court of last resort has not properly presented his… [read post]