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

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364

OCTOBER TERM, 1994

Per Curiam

DUNCAN, WARDEN v. HENRY

on petition for writ of certiorari to the united states court of appeals for the ninth circuit

No. 94-941. Decided January 23, 1995

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 20 years earlier. On direct appeal, he argued that this error was a "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.

Per Curiam.

Respondent, a rector and dean of a church day school, was tried and convicted in state court of sexually molesting a 5-year-old student. At trial, respondent objected to testimony by the parent of another child who claimed to have been molested 20 years previously. His objection was based on Cal. Evid. Code Ann. 352 (West 1966). On direct appeal, he pursued his evidentiary objection and requested the appellate court to find that the error was a "miscarriage of justice" under the California Constitution. California ap-

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