Legal Opinion
Thomas W. Mallory, Jr. v. David K. Smith, Warden James S. Gilmore, Iii, Attorney General
Court of Appeals for the Fourth Circuit
Decided June 30, 1994No. 93-6545PublishedCited by 151 opinions
1Opinion of the Court
Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Justice POWELL and Judge HAMILTON joined.
OPINION
WILKINSON, Circuit Judge:
It has long been clear that federal constitutional claims must be fairly presented to state courts before a federal habeas court may consider them. Here, petitioner contends that references in his Virginia Supreme Court filings to his appellate counsel’s activities were sufficient to place that court on notice of an ineffective assistance of appellate counsel claim. The test for exhaustion is not one of simple notice, however. The exhaustion…
2Cases cited12 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Picard v. ConnorSupreme Court of the United States · 1971
- Anderson v. HarlessSupreme Court of the United States · 1982
- Keeney v. Tamayo-ReyesSupreme Court of the United States · 1992
- Darr v. BurfordSupreme Court of the United States · 1950
7 more not listed; retrieve them via the Exa API.
3Cited by151 opinions
- Breard v. PruettCourt of Appeals for the Fourth Circuit · 1998
- Matthews v. EvattCourt of Appeals for the Fourth Circuit · 1997
- Clinton Folkes v. Warden NelsenCourt of Appeals for the Fourth Circuit · 2022
- Mackall v. AngeloneCourt of Appeals for the Fourth Circuit · 1997
- Richard Longworth v. Jon E. Ozmint, Commissioner, South Carolina Department of Corrections Henry McMaster Attorney General, State of South CarolinaCourt of Appeals for the Fourth Circuit · 2004
146 more not listed; retrieve them via the Exa API.