The 9th Circuit clarified the law for misdemeanants seeking Habeas Review this Wednesday. The court en banc overruled its own 1995 decision, Larche v. Simons, requiring misdmeanants in California to exhaust all available state remedies before seeking Federal Habeus review by filing a petition in California's highest court.
The circuit found that Larche created "needless confusion for California misdeamants seeking federal habeas review," particularly in wake of the Antiterrorism and Effective Death Penalty Act (AEDPA). Further, the panel found that the Larche unduly restricted California's ability to dictate its appellate review system. The court found that because McMonagle relied on the Larche to fully exhaust his California remedies before seeking federal habeas review, he was entitled to have his case reviewed, given the circumstances of the case.