United States Ninth Circuit

Dismissal of a habeas corpus petition involving a prison disciplinary hearing is reversed where, contrary to the finding below, petitioner did exhaust the factual basis for his claim because he presented to a state court all the facts necessary to give application to the constitutional principle upon which he relied.

Appellate Information

• Decided 01/02/2008
• Published 01/02/2008

Judges

• TASHIMA, Circuit Judge:, Before:  JOHN R. GIBSON,A. WALLACE TASHIMA, and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Krista Hart, Sacramento, CA, for petitioner-appellant.


• For Appellees:
  
• Heather M. Armstrong, Deputy Attorney General of the State of California, Sacramento, CA, for respondent-appellee.