394 F.2d 395 | 9th Cir. | 1968
Rehearing
ON PETITION FOR REHEARING
Appellant contends that the exhaustion requirement of 28 U.S.C. § 2254 has been satisfied because a petition for habeas corpus raising the constitutional issues was submitted to and denied by a state trial court, and “These issues * * * need only be presented once.” Schiers v. People of State of California, 333 F.2d 173, 174 (9th Cir. 1964) . Schiers holds only that the issues raised and rejected in an appeal from a judgment of conviction need not be submitted a second time to the state courts through state habeas corpus proceedings. Blair v. People of State of California, 340 F.2d 741, 744 (9th Cir. 1965) is to the same effect. Schiers does not hold that a habeas corpus petitioner may move directly from a state trial court to a federal court without
The petition for rehearing is denied.
Lead Opinion
The district court’s judgment dismissing appellant’s petition for habeas corpus is affirmed on the ground that appellant has not exhausted available state remedies. Morehead v. State of California, 339 F.2d 170 (9th Cir. 1964).