Does a state writ of habeas corpus petition not available to challenge conviction if petitioner has exhausted remedy of appeal?
MultiRegion, United States of America
The following excerpt is from West v. Warden, Montana State Prison, 65 F.3d 177 (9th Cir. 1995):
State writ of habeas corpus petition may not be available, either. See Mont.Code Ann. Sec. 46-22-101(2) (1994) (state writ of habeas corpus not available to challenge conviction if petitioner has exhausted remedy of appeal); Duncan v. State, 794 P.2d 331, 332 (1990).
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