The following excerpt is from Sales v. Harris, 675 F.2d 532 (2nd Cir. 1982):
5 In addition, this claim was not raised in the state appellate courts and was not the subject of a state petition by Sales for post-conviction relief. Thus, even if raised in the federal district court, Sales' claim would be barred by his failure to exhaust his state court remedies. Since this claim was never raised in his habeas corpus petition, however, this failure to exhaust did not bar the district court's review of Sales' other claims. See Rose v. Lundy, --- U.S. ----, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982).
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