Legal Question in Appeals and Writs in California
If a ground was dismissed by the district courts on direct appeal due to petitioner not federalizing claim, is there any way to present this claim to the court again? "Dismissed 2004".
2 Answers from Attorneys
Your question is unclear, but it sounds like you are talking about an unsuccessful federal petition for a writ of habeas corpus concerning a state-court conviction. (I can't tell if the federal petition is what was dismissed in 2004, or if you are referring to something else.) The petitioner can probably bring a new petition in state court raising the federal claims that he failed to raise before. But if that petition fails, he probably cannot obtain federal-court review.
My answer might be different if I had more information. You have offered very little, and my answer is the best I can do with what you have provided.
I am lost by your use of the term "federalize."
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