Larry Dean Deyoung v. Samuel Lewis

943 F.2d 55 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Larry Dean DEYOUNG, Petitioner-Appellant, v. Samuel LEWIS, Respondent-Appellee. No. 90-16836. United States Court of Appeals, Ninth Circuit. Submitted Aug. 13, 1991. * Decided Sept. 13, 1991. Before JAMES R. BROWNING, FARRIS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 We reject DeYoung's contention he exhausted his federal claims by fairly presenting them to the Arizona Supreme Court. DeYoung presented his ineffective assistance claims only in a petition for special action to the Arizona Supreme Court. "The acceptance of jurisdiction of a petition for special action is highly discretionary in [the Arizona Supreme Court]. [The Court] generally accept[s] jurisdiction of these cases only where the issues raised in the petition are such that justice cannot be satisfactorily obtained by other means." King v. Superior Court, 673 P.2d 787, 789 (Ariz.1983). Presentation of a claim using this highly discretionary…