Does a federal district court have jurisdiction to dismiss a habeas corpus petition for failure to exhaust?
MultiRegion, United States of America
The following excerpt is from Bergman v. Duncan, 86 F.3d 1161 (9th Cir. 1996):
Bergman asserts that the conflict of interest claim contained in his habeas corpus petition parallels the ineffective assistance assertion that he raised on direct appeal of his convictions; he therefore contends that the district court erroneously refused to consider the merits of his petition. We review de novo a district court's dismissal of a habeas corpus petition for failure to exhaust. See Turner v. Compoy, 827 F.2d 526, 528 (9th Cir.1987), cert. denied, 489 U.S. 1059 (1989).
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