If a habeas petitioner has not been presented to the state's highest court of appeal, can he continue to pursue his claim in state court?
MultiRegion, United States of America
The following excerpt is from Thomas v. Beard, Civil No. 11cv1488-AJB(KSC) (S.D. Cal. 2014):
However, even where claims have not been presented to the state's highest court, if a petitioner no longer has state court remedies available to him, he has satisfied the technical requirements of exhaustion. Cassett v. Stewart, 406 F.3d 614, 621 n. 5 (9th Cir. 2005) ("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
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