The following excerpt is from Dillion v. Lea, No. CIV S-09-2280 EFB P (E.D. Cal. 2012):
Respondent argues that this claim has not been exhausted in state court. Generally, a state prisoner must exhaust all available state court remedies, either on direct appeal or through collateral proceedings, before a federal court may consider granting habeas corpus relief. 28 U.S.C. 2254(b)(1). However, a federal court considering a habeas petition may deny an unexhausted claim on the merits when it is perfectly clear that the claim is not "colorable" Cassett v. Stewart, 406 F.3d 614, 624 (9th Cir. 2005). Assuming arguendo that petitioner's claim of ineffective assistance of counsel has not been exhausted, the court will deny it on the merits.
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