Wednesday, February 07, 2007
In PCR matters, litigants are not required to petition for cert to have exhausted all state remedies
In Dunlap v. State, the state Supreme Court put the Bar on notice that in appeals from criminal convictions or post-conviction relief matters, a litigant is not required to petition for rehearing and certiorari following an adverse decision of the Court of Appeals in order to be deemed to have exhausted all available state remedies respecting a claim of error. Instead, when the claim has been presented to the Court of Appeals, and relief has been denied, the litigant is deemed to have exhausted all available state remedies.
Posted by william at 7:21 AM