Make sure your criminal defense lawyer on appeal is aware of the exhaustion doctrine.
Did you know most appeals do not win in State court? Just last week I counted about 42 losses in criminal defense appeals in Ohio and just 16 cases in which there was a reversal of some kind. So if you have some time to kill in prison, you want to be sure your criminal defense lawyer on appeal plans ahead for your possible day in the federal courts on a petition for a writ of habeas corpus.
Today the United States Court of Appeals for the Sixth Circuit decided a case originating in Michigan which made it to the Sixth Circuit on a petition for a writ of habeas corpus. The Court discussed the exhaustion doctrine and stated "[a] federal court may not grant a writ of habeas corpus unless the applicant has exhausted all available remedies in state court. 28 U.S.C. 2254(b)(1)(A)." The Court went on to explain how each claim must have been "fairly presented" to the state courts and that "[f]air presentation requires that the state courts be given the opportunity to see both the factual and legal basis for each claim." Read the case by clicking here.
Make sure you hire a criminal defense attorney for your appeal that will have your future in mind and who understands the importance of the exhaustion doctrine.
