Can a habeas petitioner waive a constitutional claim by failing to present it for resolution to the highest state court?
MultiRegion, United States of America
The following excerpt is from Hughes v. Idaho State Bd. of Corrections, 800 F.2d 905 (9th Cir. 1986):
A habeas petitioner may waive a constitutional claim by failing to present it for resolution to the highest state court. Jackson v. Cupp, 693 F.2d 867, 869 (9th Cir.1982). When the petitioner has not complied with reasonable state procedures, and the state's highest court has not been given the opportunity to resolve the merits of the petitioner's constitutional claim, we may, as a matter of comity, decline to reach the merits. 1 Id.
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