If a state court denies a petition for post conviction relief on procedural grounds, can the petitioner still use the proper procedure?
MultiRegion, United States of America
The following excerpt is from Harris v. Superior Court of State of Cal., Los Angeles County, 500 F.2d 1124 (9th Cir. 1974):
If a state court denies a petition for post conviction relief on procedural grounds, the petitioner has not exhausted his state remedies. He can still use the proper procedure, thus giving the state court the first opportunity to rule on the merits of his federal claims. This is what 28 U.S.C. 2254(b) requires. Wilwording v. Swenson, 1971, 404 U.S. 249, 250, 92 S.Ct. 407, 30 L.Ed.2d 418.
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