SCOTT v. SCHRIRO

No. 05-99012.

567 F.3d 573 (2009)

Roger Mark SCOTT, Petitioner-Appellant, v. Dora B. SCHRIRO, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

June 2, 2009.


Attorney(s) appearing for the Case

Jon M. Sands, Michael L. Burke, Jennifer Y. Garcia, Federal Public Defender's Office, Phoenix, AZ, for the petitioner-appellant.

Terry Goddard, Kent Cattani, J.D. Nielsen, Office of the Attorney General of Arizona, Capital Litigation Section, Phoenix, AZ, for the respondents-appellees.

Before: ALEX KOZINSKI, Chief Judge, JEROME FARRIS and CARLOS T. BEA, Circuit Judges.


PER CURIAM:

Roger Scott, an Arizona state prisoner sentenced to death, appeals the denial of his petition for a writ of habeas corpus in federal district court. When a state prisoner files such a petition, the district court will usually not hear any claim the petitioner did not first present to the state courts. This process is referred to as the prisoner "exhausting" his state remedies. Nor will the district court decide a claim denied by a state court because the...

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