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O'SULLIVAN v. BOERCKEL

No. 97-2048.

526 U.S. 838 (1999)

O'SULLIVAN v. BOERCKEL

United States Supreme Court.

Decided June 7, 1999.

Attorney(s) appearing for the Case

William L. Browers, Assistant Attorney General of Illinois, argued the cause for petitioner. With him on the briefs were James E. Ryan, Attorney General, and Michael M. Glick, Assistant Attorney General.

David B. Mote argued the cause for respondent. With him on the brief were Richard H. Parsons and Jeffrey T. Green.*

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, Souter, and Thomas, JJ., joined. Souter, J., filed a concurring opinion, p. 849. Stevens, J., filed a dissenting opinion, in which Ginsburg and Breyer, JJ., joined, p. 850. Breyer, J., filed a dissenting opinion, in which Stevens and Ginsburg, JJ., joined, p. 862.

Justice O'Connor, delivered the opinion of the Court.

Federal habeas relief is available to state prisoners only after they have exhausted their claims in state court. 28 U. S. C. §§ 2254(b)(1), (c) (1994 ed. and Supp. III). In this case, we are asked to decide whether a state prisoner must present his claims to a state supreme court in a petition for discretionary review in order to satisfy the exhaustion requirement...

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