Legal Question in Appeals and Writs in Florida
In a post conviction relief, do you have to exhaust state remedies after the initial appeal before you can go to the Federal Courts?
Asked on 1/19/10, 5:27 pm
1 Answer from Attorneys
Brent Rose
The Orsini & Rose Law Firm
Generally, yes, but it depends. 28 U.S.C. 2254 requires that you exhaust all state remedies before seeking Federal habeus corpus relief, but there are many exceptions to this rule. You should speak to an experienced Federal criminal lawyer regarding your case to determine if your case falls into one of the exceptions.
Answered on 1/25/10, 1:41 pm
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