GAUSE

v.

ARIZONA

Citator

Cited By

• Daye v. Attorney Gen. OF the State OF NEW York & Eugene Le Fevre, 696 F.2d 186 (2d Cir. 1982)
  …to determine unequivocally that an issue has been considered and ruled upon by the state courts, comity requires that the initial determination of the issue be made by the state courts.” Tyler v. Swenson, 527 F. 2d 877, 880 (8th Cir.), cert. denied, 425 U.S. 915, 96 S.Ct. 1515, 47 L.Ed.2d 766 (1976). See also Brown v. Cuyler, 669 F. 2d 155, 157-58 (3d Cir.1982); Echevarria v. Bell, 579 F. 2d 1022, 1025 (7th Cir.1978); Durkin v. Davis, 538 F. 2d 1037, 1041-42 (4th Cir.1976); Williams v. Wainwright, 410 F. 2d…
• Atwell Junior Conner v. Auger, 595 F.2d 407 (8th Cir. 1979)
  …er the merits of that claim. The state courts should rule initially upon that possible ground for relief. See Picard v. Connor, 404 U.S. 270, 275-76, 92 S.Ct. 509, 30 L.Ed.2d 438 (1971); Tyler v. Swenson, 527 F. 2d 877, 880 (8th Cir.), cert. denied, 425 U.S. 915, 96 S.Ct. 1515, 47 L.Ed.2d 766 (1976). In addition, as already noted, we think Conner’s fifth claim is interrelated with the unexhausted Mullaney issue. Conner contends under claim number 5 that the trial court’s instructions failed to properly req…
• Drake v. Wyrick, 640 F.2d 912 (8th Cir. 1981)
  …tion motion. The Missouri Court of Appeals refused to pass on it. Under Missouri law, appellate review of a Rule 27.26 motion is limited to the claims raised in the motion. See Tyler v. Swenson, 527 F. 2d 877, 880, n.4 (8th Cir. 1976), cert. denied, 425 U.S. 915, 96 S.Ct. 1515, 47 L.Ed.2d 766 (1976). Petitioner has not raised the instant claim in a manner in which it could be reviewed by the Missouri appellate courts and has failed to exhaust his available state remedies. It is necessary for the state cour…