MINTZER

v.

DEEGAN, WARDEN

Citator

Cited By

• COE v. Thurman, 922 F.2d 528 (9th Cir. 1990)
  …sult in the reversal of the petitioner’s conviction on some other ground, thereby mooting the federal question.” Id. (citing Davidson v. Klinger, 411 F. 2d 746, 747 (9th Cir.1969)); see also Daniels v. Nelson, 415 F. 2d 323 (9th Cir.), cert. denied, 396 U.S. 994, 90 S.Ct. 494, 24 L.Ed.2d 459 (1969). Our inquiry, however, is not terminated. As the habeas statute itself reminds us: if “there is either an absence of available State corrective process or the existence of circumstances rendering such process in…
• Sherwood v. Honorable Wendell H. Tomkins, 716 F.2d 632 (9th Cir. 1983)
  …5, 93 S.Ct. 932, 34 L.Ed.2d 698 (1973) (state remedies held not exhausted where prisoner had unsuccessfully petitioned state courts for free transcript for appeal, and appeal still pending); Daniels v. Nelson, 415 F. 2d 323 (9th Cir.), cert. denied, 396 U.S. 994, 90 S.Ct. 494, 24 L.Ed.2d 459 (1969) (no exhaustion where state appeal pending). Thus, Sherwood’s claim is premature, and must be dismissed for failure to exhaust state remedies. DISMISSED. . “A petitioner may satisfy the exhaustion requirement in…