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· 3/30/2005

Oloth Insyxiengmay v. Richard Morgan

Citations

  • 403 F.3d 657
  • 2005 U.S. App. LEXIS 5067
  • 2005 WL 712483

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 petition to the Washington Supreme Court fairly presented federal claims by incorporating an appendix that contained arguments relating to three federal claims, when state law did not prohibit such incorporation
  • stating that the petitioner makes the fed- eral basis of his claim explicit either by specifying particular provisions of the federal Constitution or statutes, or by citing to federal case law
  • noting that the state 22 appellate court declined the petitioner’s request to allow his claims to proceed in the court of 23 appeals, barring him from presenting the claims for review and excusing his duty to exhaust
  • holding 26 “[a] petitioner fairly and fully presents a claim to the state court for purposes of satisfying 27 the exhaustion requirement if he presents the claim: (1) to the proper forum, (2) through 28 the proper vehicle, and (3
  • “[E]xhaustion is satisfied once the petitioner makes [an] explicit reference [to federal law] even if the petitioner relies predominantly on state law before the state courts”
  • “In this circuit, the petitioner must make the federal basis of the claim explicit either by specifying particular provisions of the federal Constitution or statutes, or by citing to federal case law.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Nelson, Reinhardt, Thomas

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.