STATE EX REL. TART v. State

| xWrit granted; case remanded to the district court. Pursuant to O’Sullivan v. Boerckel, 526 U.S. 838, 119 S.Ct. 1728, 144 L.Ed.2d 1 (1999), when a state provides a two-tier system of review, the petitioner must seek relief at both levels of review to satisfy exhaustion requirements for federal habeas corpus proceedings. See also Castille v. Peoples, 489 U.S. 346, 351, 109 S.Ct. 1056, 1060, 103 L.Ed.2d 380 (1989) (exhaustion requirement not satisfied by “submission of a new claim to a State’s highest court on discretionary review”). Accordingly, our denial of writs in State ex rel. Tart v.…