What is the test for exhaustion in a federal habeas corpus application?
MultiRegion, United States of America
The following excerpt is from Kim v. Villalobos, 799 F.2d 1317 (9th Cir. 1986):
A state prisoner seeking federal habeas corpus review of his conviction ordinarily must first exhaust available state remedies. 28 U.S.C. Sec. 2254(b), (c); Picard v. Connor, 404 U.S. 270, 275, 92 S.Ct. 509, 512, 30 L.Ed.2d 438 (1971). The exhaustion requirement is not satisfied unless the federal claim has been "fairly presented" to the state courts. Picard v. Connor, 404 U.S. 270, 275, 92 S.Ct. 509, 512, 30 L.Ed.2d 438 (1971).
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