Kogianes

MEMORANDUM **

Appellant Michael George Kogianes appeals the district court’s order denying habeas corpus relief pursuant to 28 U.S.C. § 2254 . We previously deferred submission of this case pending the resolution and disposition of the en banc case, Peterson v. Lampert, 319 F.3d 1153 (9th Cir.2003) (en banc). We then ordered the parties to brief the import of Peterson and provide the Court with a copy of Kogianes’s Petition for Review to the Arizona Supreme Court. After reviewing Kogianes’s Petition for Review to the Arizona Court of Appeals and the Arizona Supreme Court, we recognize that Kogianes did in fact exhaust his state remedies. Accordingly, we reverse the district court and remand pursuant to this disposition.

In Peterson , we joined our sister circuits and held that “for purposes of exhaustion, a citation to a state case analyzing a federal constitutional issue serves the same purpose as a citation to a federal case analyzing such an issue.” Id. at 1158 . An appellant must exhaust his state remedies by fairly presenting the federal claims to state court. Id. at 1156 . In doing so, the petitioner gives the state court an opportunity to act on his federal claim. Id. at…