Does appellant waive a substantive constitutional right to make a claim before the state court and get a ruling on it?
MultiRegion, United States of America
The following excerpt is from Curry v. Wilson, 405 F.2d 110 (9th Cir. 1969):
2 This is a proper statement of the issue. Since the deliberate bypass doctrine is inapplicable, the question is not whether appellant waived merely the right to present his claim to the state court and get a ruling on it (the issue in Nelson v. People of State of California, 346 F.2d 73 (9th Cir. 1965), and other deliberate bypass cases), but rather whether he waived the substantive constitutional right itself.
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