Does a habeas petitioner who has defaulted on his federal claims in a state court have to continue to seek relief in a federal court?
MultiRegion, United States of America
The following excerpt is from Windham v. Merkle, 163 F.3d 1092 (9th Cir. 1998):
A habeas petitioner who has defaulted his federal claims in state court meets the technical requirements for exhaustion; there are no state remedies any longer "available" to him. See 28 U.S.C. 2254(b); Engle v. Isaac, 456 U.S. 107, 125-26, n. 28, 102 S.Ct. 1558, 71 L.Ed.2d 783 (1982). In the absence of the independent and adequate state ground doctrine in federal habeas, habeas petitioners would
Page 1101
Id. at 732, 111 S.Ct. 2546.
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