Does the state have exhausted its remedies for habeas corpus?
MultiRegion, United States of America
The following excerpt is from Turner v. Sumner, 42 F.3d 1402 (9th Cir. 1994):
"An appellate court ... may give relief if state remedies are exhausted by the time it acts, even if the remedies were not exhausted when the habeas corpus petition was filed." Buffalo v. Sunn, 854 F.2d 1158, 1163 (9th Cir.1988). Because there was no response from the state, however, the record of the state court proceedings before us is insufficient to permit us to decide whether the exhaustion requirement has been satisfied.
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