What is the test for presenting a claim to the Court of Appeal of the State of California as a "federal" claim?
MultiRegion, United States of America
The following excerpt is from Ortega v. Madden, Case No.: 3:18-CV-1558-AJB-LL (S.D. Cal. 2019):
Claims are not exhausted by mere presentation to the state appellate system. A petitioner must also "alert[] [the state] court to the federal nature of the claim." Baldwin v. Reese, 541 U.S. 27, 29. A petitioner may indicate a federal claim by "citing in conjunction with the claim the federal source of law on which he relies or a case deciding such a claim on federal grounds, or by simply labeling the claim 'federal.'" Id. at 32.
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