What is the test for exhaustion of remedies in a motion for writ of habeas corpus?
MultiRegion, United States of America
The following excerpt is from Gallegos v. Garza, No. 2:20-cv-1817 CKD P (E.D. Cal. 2020):
The exhaustion of state court remedies is a prerequisite to the granting of a federal petition for writ of habeas corpus. 28 U.S.C. 2254(b)(1). A petitioner satisfies the exhaustion requirement by providing the highest state court with a full and fair opportunity to consider all claims before presenting them to the federal court. Picard v. Connor, 404 U.S. 270, 276 (1971).
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