Opinion · Court of Appeals for the Ninth Circuit
Lyons v. Crawford
247 F.3d 904
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 2000-11-13
- Topic
- bankruptcy
How later courts describe this case
- holding that a petitioner may “make the federal basis of [a] claim explicit either by citing federal law or the decisions of federal courts”
- holding that, for proper exhaustion, a petitioner must raise a federal claim to the state court by “explicitly” citing the federal legal basis for his claim
- refusing to decide claims that a party raised below, but did not address in the party’s brief to the Alaska Supreme Court
- “[A] petitioner for 22 habeas corpus relief under 28 U.S.C. § 2254 exhausts available state remedies 23 only if he characterized the claims he raised in state proceedings specifically as 24 federal claims.”
Citator
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- Cited by
- 185 opinions
LYONS v. CRAWFORD,247 F.3d 904(9th Cir. 2001)
Phillip Jackson LYONS, Petitioner-Appellant, v. Jackie CRAWFORD,
Respondent-Appellee.
No. 99-17351.
United States Court of Appeals, Ninth Circuit.
Submitted August 7, 2000.fn*
Filed November 13, 2000.
Amended April 25, 2001.
Dorothy Nash Holmes, Deputy Attorney General, Carson City, Nevada, for the respondent-appellee.
Before: O'SCANNLAIN, LEAVY, and GOULD, Circuit Judges.
ORDER
The opinion filed November 13, 2000 [232 F.3d 666], is hereby ordered amended as follows:
Slip Op. at 14430: Delete "AFFIRMED" and add the following new paragraphs to the end of the opinion:
"Nevertheless, because Lyons's habeas petition included a number of exhausted claims which the district court dismissed without prejudice at Lyons's request, we remand this action to the district court to provide Lyons with the opportunity to proceed on such exhausted claims only.
AFFIRMED and REMANDED."
Except as herein modified, the panel has voted unanimously to deny the Petition for Rehearing. Judge Gould and Judge O'Scannlain have voted to reject the Suggestion for Rehearing En Banc and Judge Leavy so recommends.
The full court was advised of the Suggestion for Rehearing En Banc. A judge of this court requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes ofPage 905the nonrecused active judges in favor of en banc consideration.
The Petition and the Suggestion are thus DENIED.
The mandate shall issue forthwith.