Case Status
2 results
BALDWIN, GEORGE H. v. REESE, MICHAEL (38925)
Order dated: 00/00/00Docket number: 02-964
Action:
The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted.
BALDWIN, GEORGE H. v. REESE, MICHAEL (38925)
Order dated: 10/06/03Docket number: 02-964
Action:
The motion of respondent for appointment of counsel is granted. Dennis N. Balske, Esquire, of Portland, Oregon, is appointed to serve as counsel for the respondent in this case.
A description of the questions presented by the case has been prepared:
By statute and this Court's caselaw, a state prisoner must exhaust available state court remedies on direct appeal or through collateral proceedings before a federal court may consider granting habeas corpus relief. This Court had held that exhaustion requires a state prisoner to fairly present his claim to the state's highest court and that fair presentment requires the prisoner to have alerted the state court that the claim is a federal one. Does a state prisoner alert the State's highest court that he is raising a federal claim when -- in that court--he neither cites a specific provision of the federal constitution nor cites at least one authority that has decided the claim on a federal basis?
An opinion has been handed down: