JOHNSTON

v.

UNITED STATES

Citator

Cited By

• Ozzie Batchelor v. Hoyt C. Cupp, 693 F.2d 859 (9th Cir. 1982)
  …irement in two ways: (1) by providing the highest state court with an opportunity to rule on the merits of the claim, Carothers v. Rhay, 594 F. 2d 225, 228 (9th Cir.1979); Cartwright v. Cupp, 650 F. 2d 1103 (9th Cir.1981) (per curiam), cert. denied, 455 U.S. 1023, 102 S.Ct. 1722, 72 L.Ed.2d 142 .(1982); or (2) by showing that at the time the petitioner files the habeas petition in federal court no state remedies are still available to the petitioner and the petitioner had not deliberately by-passed the state…
• Ventura v. Hoyt C. Cupp, 690 F.2d 740 (9th Cir. 1982)
  …5 U.S. 509, 102 S.Ct. 1198, 1201-02, 71 L.Ed.2d 379 (1982). Remedies that appear not to have been exhausted, such as the appeal of a conviction to the state’s highest court, see Cartwright v. Cupp, 650 F. 2d 1103, 1104 (9th Cir. 1981), cert. denied, 455 U.S. 1023, 102 S.Ct. 1722, 72 L.Ed.2d 142 (1982), may in fact not have been available. Or remedies not employed, although available, may nonetheless be capable of being raised because either the failure to exhaust was a failure to appeal that did not constitu…
• Kellotat v. Hoyt C. Cupp, 719 F.2d 1027 (9th Cir. 1983)
  …is true that the federal exhaustion requirement is normally satisfied if a state supreme court is presented with a fair opportunity to rule on the merits of a claim. Cartwright v. Cupp, 650 F. 2d 1103, 1104 (9th Cir.1981) (per curiam), cert. denied, 455 U.S. 1023, 102 S.Ct. 1722, 72 L.Ed.2d 142 (1982); Carothers v. Rhay, 594 F. 2d 225, 228 (9th Cir.1979). And we usually presume [*1031] that when a state court denies a petition without comment, it ruled on the merits. Thompson v. Procunier, 539 F. 2d 26, 28 (…