What is the test for declining to grant a motion in a federal habeas corpus case?
MultiRegion, United States of America
The following excerpt is from James v. Reese, 546 F.2d 325 (9th Cir. 1976):
This court has recently held that where a habeas corpus petitioner has not exhausted available state remedies with respect to all contentions raised in his federal petition, a court should decline to decide any issue raised until the available state remedy for every issue is exhausted. Gonzales v. Stone, 546 F.2d 807 (9th Cir. 1976).
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