Webb

Webb v. Stewart

Good Law
91 F. App'x 591
United States Court of Appeals for the Ninth CircuitMarch 23, 2004No. 03-15534California408 words

Opinion

Lead Opinion

MEMORANDUM **

Richard L. Webb appeals pro se the district court’s order dismissing his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . We have jurisdiction pursuant to 28 U.S.C. §§ 1291 , 2253, and we affirm.

Webb’s § 2254 petition alleges that the admission of impeachment and hearsay statements at his trial violated the Fifth, Sixth, and Fourteenth Amendments, and that the jury was improperly coerced in violation of the Sixth and Fourteenth Amendments. The district court concluded that these claims were procedurally defaulted and dismissed the petition.

A federal court cannot grant habeas relief unless the petitioner demonstrates that he or she “has exhausted the remedies available” in state court, or that state remedies are no longer available or effective. 28 U.S.C. § 2254 (b)(l)(A)-(B). Section 2254 requires petitioners to “fairly present” their federal claims to the state courts to “give state courts a fair opportunity to act on their claims.” O’Sullivan v. Boerckel, 526 U.S. 838, 844 , 119 S.Ct. 1728 , 144 L.Ed.2d 1 (1999) (emphasis removed). *592 A petitioner “fairly presents” a federal claim to the state courts “only if he characterized the claims he…

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