United States Ninth Circuit

A federal claim is not exhausted in state court unless the petitioner both raised the claim in state court and explicitly indicated then that the claim was a federal one -- regardless of whether the petitioner was proceeding pro se.

Appellate Information

• Decided 11/13/2000
• Published 11/13/2000

Judges

• O'SCANNLAIN, Circuit Judge:, Before:  O'SCANNLAIN, LEAVY, and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Danice Arbor Johnson, Assistant Federal Public Defender, Las Vegas, Nevada, for the petitioner-appellant.


• For Appellees:
  
• Dorothy Nash Holmes, Deputy Attorney General, Carson City, Nevada, for the respondent-appellee.