Section 15.39 Exhaustion of State Remedies

• Library: App Ct Prac 2015 Supp

2. (§15.39) Exhaustion of State Remedies

A writ of habeas corpus shall not be granted unless it appears that “the applicant has exhausted the remedies available in the courts of the State” or that there is either an absence of available state corrective process or the existence of circumstances rendering such process ineffective to protect the rights of the prisoner. 28 U.S.C. § 2254(b); O’Sullivan v. Boerckel, 526 U.S. 838 (1999). The petitioner must have presented the state courts with both “controlling legal principles” on which the petitioner relies and with “the facts bearing upon [the] constitutional claim.” Picard v. Connor, 404 U.S. 270 (1971). All claims in the petition must have been exhausted or else the petition should be dismissed. Rose v. Lundy, 455 U.S. 509 (1982); Dukes v. Lockhart, 769 F.2d 504 (8^th Cir. 1985); White v. Wyrick, 651 F.2d 597, 598 (8^th Cir. 1981).

The Eight Circuit discussed exhaustion in Odem v. Hopkins, 192 F.3d 772 (8^th Cir. 1999). “Before a federal court can entertain a claim in a habeas petition, that same claim has to have been raised in the prior state court proceedings or it must be dismissed for failure to exhaust available state court remedies.” Id. at 774. See Keithley...