Myers v. Collins

JONES, Circuit Judge This case requires us to address a subtle issue concerning the exhaustion of state remedies in federal habeas corpus procedure. The doctrinal requirement of exhaustion alleviates the strain on federal-state comity inherent in the federal habeas corpus remedy by assuring that a prisoner must first present his claims to a state's highest court before turning to the federal courts for relief. Finding that Myers ""fairly presented"" the substance of certain of his ineffectiveness of counsel claims to the state courts on direct appeal, we conclude that the exhaustion requirement was satisfied and therefore vacate the district court's judgment. See Picard v. Connor, 404 U.S. 270, 275, 92 S. Ct. 509, 512, 30 L. Ed. 2d 438 (1971). I.