Peter P. MacOn v. Russell E. Lash, Warden

STEVENS, Circuit Judge.

In his application for a writ of habeas corpus petitioner alleged that his right to appeal from his murder conviction was lost because of the “incompetence and fatal negligence” of his court-appointed counsel. The question for us is whether his federal claim had been “fairly presented” to the Indiana courts before it was denied by the district court. *944To answer this question we must (1) state the claim in detail; (2) review petitioner’s numerous, futile attempts to obtain a hearing from an Indiana court; and (3) test these attempts against the exhaustion requirement as…