The following excerpt is from Twitty v. Smith, 614 F.2d 325 (2nd Cir. 1979):
8 Compare Johnson v. Metz, supra, where petitioners' argument in the state court, that the trial judge's prejudicial conduct and constant interference deprived them of a fair trial, was held not to fairly alert the state court to their contention, asserted for the first time in federal court, that such conduct deprived them of due process. The claim made there was not one which is generally thought to involve the United States Constitution; indeed, while not passing on the merits of the claim we said:
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