What is the test for appellate courts to grant relief in a habeas corpus petition?
MultiRegion, United States of America
The following excerpt is from Ray v. Anderson, 125 F.3d 859 (9th Cir. 1997):
"[A]n appellate court may give relief if state remedies are exhausted by the time it acts, even if these remedies were not exhausted when the habeas corpus petition was filed." Schwartzmiller v. Gardner, 752 F.2d 1341, 1344 (9th Cir.1984).
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