Chambers v. McDaniel

I respectfully dissent from the majority’s conclusion that Chambers exhausted his state court remedies. Therefore, I would deny Chambers’ petition for writ of habeas corpus and would remand to the district court to direct the petitioner to file his claims in the Nevada state courts.

The majority correctly sets forth that, pursuant to 28 U.S.C. § 2254(b)(1), a state prisoner must exhaust remedies available in state courts before a federal court may consider a claim. Exhaustion typically requires that “state prisoners ... give the state courts one full opportunity to resolve any constitutional…