Duncan v. Henry, 513 U.S. 364 (1995)

Duncan v. Henry


No. 94-941


Decided January 23, 1995
513 U.S. 364

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

Respondent, a rector and dean of a church day school, was convicted in a California court of sexually molesting a student. At trial, he objected to testimony by the parent of another child who claimed to have been molested 30 years earlier. On direct appeal, he argued that this error was "miscarriage of justice" under the State Constitution, but the state appellate court found the error harmless. Respondent then filed a federal habeas petition, alleging that the evidentiary error violated federal due process, an argument that he had not made in the state proceedings. The District Court found that he had exhausted his state remedies, and granted the petition. The Court of Appeals affirmed.

Held: Respondent did not exhaust his state remedies. If state courts are to be given the opportunity to correct alleged violations of prisoners’ federal rights, they must be alerted to the fact that the prisoners are asserting claims under the United States Constitution. See Picard v. Connor, 404 U.S. 270; Anderson v. Harless, 459 U.S. 4. Since respondent did not raise his federal due process argument in the state court, that court understandably confined its analysis to the application of state law.

Certiorari granted; 33 F.3d 1037 reversed.