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".

Asked on 11/06/12, 8:21 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman
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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.

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11/06/12, 1:54 pm
Anthony Roach Law Office of Anthony A. Roach
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I am lost by your use of the term "federalize."

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11/09/12, 7:43 pm

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