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Name: Davis v. Silva
Case #: 05-16821
Court: CA Court of Appeal
District 9 Cir
Opinion Date: 01/02/2008
Summary

The exhaustion of state remedies requirement of AEDPA is satisfied when the claim includes reference to the specific federal constitutional guarantee and the facts necessary to give application to the constitutional principal upon which petitioner relies. In this case, petitioner filed a pro se habeas petition that stated petitioner was denied due process under Wolf v. McDonnell (1974) 418 U.S. 539, because he was not permitted a witness at a hearing; cited a case, a statute, and a regulation; and noted that he [petitioner] was charged with battery on a non inmate. The appellate court ruled that despite the absence of a specific factual basis in the petition, by reading the petition generously, as is required in pro se filings, and checking the sources cited, the court would be adequately presented with the legal and factual basis of the issue, so as to exhaust the claim.