FIELDS v. WADDINGTON

No. 04-35169.

401 F.3d 1018 (2005)

Vincent L. FIELDS, Petitioner-Appellant, v. Doug WADDINGTON, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 21, 2005.


Attorney(s) appearing for the Case

Suzanne Lee Elliott, Seattle, WA, for the petitioner-appellant.

Ronda D. Larson, Assistant Attorney General, Criminal Justice Division, for the respondent-appellee.

Before SCHROEDER, Chief Judge, GRABER, and FISHER, Circuit Judges.


GRABER, Circuit Judge.

The district court dismissed a petition for a writ of habeas corpus for failure to exhaust state court remedies in Washington. The main question before us is whether, in Washington, briefing a state constitutional claim alerts the state court that it is called on to decide an independent and parallel federal constitutional claim, even in the absence of a Washington case holding expressly that the two claims are substantively identical. We answer...

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