William B. Greene v. John Lambert

I respectfully dissent from the court’s determination that Greene’s claim is properly exhausted. I place more reliance than does the majority on the Washington Supreme Court’s explicit statement that it did not reach Greene’s claim, and I am simply not persuaded that the majority’s construction of the state court’s explanatory language justifies the contrary conclusion at which it arrives.

Because I conclude that Greene did not fairly present his federal claim to the Washington courts, I express no view on the merits of that claim.

I

I largely agree with the majority’s discussion of the legal…