Steven Schandelmeier v. Warden Richard Cunningham. Appeal of Steve Schandelmeier

OPINION OF THE COURT

ALDISERT, Chief Judge.

The question for decision in this appeal from a denial of federal habeas corpus is whether the district court erred in denying relief on the basis that Steven Schandelmeier has not exhausted his remedies in the state court system. The state court exhaustion requirement is mandated by statute under 28 U.S.C. § 2254(b) and has developed through decisional law in applying principles of comity and federalism as to claims brought under 28 U.S.C. § 2241. Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484, 490-91, 93 S.Ct. 1123, 1127, 35 L.Ed.2d…