Legal Opinion
John Kim v. C.J. Villalobos
Court of Appeals for the Ninth Circuit
Decided September 15, 1986No. 85-5996PublishedCited by 45 opinions
1Opinion of the Court
CANBY, Circuit Judge:
John Kim appeals the district court’s dismissal of his petition for a writ of habeas corpus. The district court dismissed the petition on the ground that Kim failed to exhaust the available state judicial remedies. We find that Kim has fairly presented his federal claims to the Supreme Court of California, thereby satisfying the exhaustion requirement of 28 U.S.C. § 2254. We therefore reverse the district court’s judgment and remand the case for further proceedings.
FACTUAL AND PROCEDURAL BACKGROUND
Kim was originally convicted in the Superior Court for the County of Los…
2Cases cited14 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Picard v. ConnorSupreme Court of the United States · 1971
- Brown v. AllenSupreme Court of the United States · 1953
- WILWORDING Et Al. v. SWENSON, WARDENSupreme Court of the United States · 1971
- In Re YurkoCalifornia Supreme Court · 1974
9 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Robert Alton Harris v. R. Pulley, Warden of the California State Prison at San Quentin, CaliforniaCourt of Appeals for the Ninth Circuit · 1989
- Fikri Bayramoglu v. W. EstelleCourt of Appeals for the Ninth Circuit · 1986
- Phillip J. Harmon v. Charles Ryan, WardenCourt of Appeals for the Ninth Circuit · 1992
- Gregory B. La Rue v. Daniel J. McCarthyCourt of Appeals for the Ninth Circuit · 1987
- Cross v. SistoCourt of Appeals for the Ninth Circuit · 2012
40 more not listed; retrieve them via the Exa API.