Monday, March 28, 2005

Exhausting Match-Up Zone Defense

Fields v. Waddington, No. 04-35169 (3-21-05). The 9th, unsurprisingly, affirms the dismissal of a habeas writ for failure to exhaust. Here, petitioner raised evidentiary and sentence "credit" claims in the state court. In so raising, he cited the sixth amendment twice and "due process" but failed to address any specific federal cases, or apply the federal rights to his case. he only cited state cases. He argues that the state's due process rights (Washington) is coextensive with the federal, but again cited no specific state case to that effect. The 9th found a failure to exhaust.


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Saturday, March 21, 2009 3:39:00 AM  

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