Normand Gagne v. Michael Fair, Commissioner of Corrections

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a claim is fairly presented when, inter alia, the state court is likely alerted to the claim's federal nature
• determining that petitionerwho only included term “due process of the law” in issue caption“ha[d] fallen short evenofthe minimal citation which led theDyercourt to a reluctant review of the underlying claim”
• unless the state remedy is clearly deficient, resort to the state process will not be deemed futile
• in order to meet the exhaustion requirement, petitioner \must have fairly presented the substance of his federal habeas claim to the state court before seeking federal review\
• “if a petitioner ‘presents new legal theories or new factual allegations in federal court that transform his claim or cast it in a significantly different light,’ the claim is not exhausted.”
• “if a petitioner ‘presents new legal theories or new factual allegations in federal court that transform his claim or cast it in a significantly different light,’ the claim is not exhausted.”

Source: CourtListener parenthetical corpus (CC0).