Wilder v. Cockrell

The exhaustion requirement is satisfied when the substance of the federal habeas claim has been fairly presented to the highest state court.

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Appeal from the United States District Court for the Eastern District of Texas

The district court having granted conditional habeas relief to Donald Wilder, at issue is whether his several evidentiary and ineffective assistance of counsel claims, made in varying forms during direct appeal and state habeas proceedings, can, for purposes of 28 U.S.C. � 2254(b)(1), exhaust a federal due process claim based on Chambers v. Mississippi, 410 U.S. 284 (1973) (holding due process precludes mechanistic application of hearsay rule to prevent criminal defendant’s introduction of exculpatory third-party confessions when surrounding circumstances provide “considerable assurance of their reliability”). The State maintains: Wilder failed to exhaust his Chambers claim in Texas state court; and, in the alternative, the district court, in ruling on the Chambers claim, failed to accord the state court’s evidentiary ruling the deference required by federal habeas law, 28 U.S.C. � 2254(d)(1). VACATED and REMANDED with INSTRUCTIONS.

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Wilder v. Cockrell

The exhaustion requirement is satisfied when the substance of the federal habeas claim has been fairly presented to the highest state court.

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