Cite as: 520 U. S. 83 (1997)
Per Curiam
Directors of Rotary Int'l v. Rotary Club of Duarte, 481 U. S. 537, 550 (1987), and the aggrieved party bears the burden of defeating this assumption, ibid., by demonstrating that the state court had "a fair opportunity to address the federal question that is sought to be presented here," Webb v. Webb, 451 U. S. 493, 501 (1981). We have described in different ways how a petitioner may satisfy this requirement. See Street v. New York, 394 U. S. 576, 583-585 (1969). In some cases, we have focused on the need for petitioners either to establish that the claim was raised " 'at the time and in the manner required by the state law,' " Bankers Life & Casualty Co. v. Crenshaw, 486 U. S. 71, 77-78 (1988) (quoting Webb, supra, at 501), see, e. g., Exxon Corp. v. Eagerton, 462 U. S. 176, 181, n. 3 (1983); Beck v. Washington, 369 U. S. 541, 549-554 (1962), or to persuade us that the state procedural requirements could not serve as an independent and adequate state-law ground for the state court's judgment, see, e. g., Hathorn v. Lovorn, 457 U. S. 255, 262-265 (1982). In other cases, we have described a petitioner's burden as involving the need to demonstrate that it presented the particular claim at issue here with "fair precision and in due time," New York ex rel. Bryant v. Zimmerman, 278 U. S. 63, 67 (1928); PruneYard Shopping Center v. Robins, 447 U. S. 74, 85, n. 9 (1980). See generally 16B C. Wright, A. Miller, & E. Cooper, Federal Practice and Procedure § 4022, pp. 322- 339 (1996).
But however we phrase our requirements, petitioners here have failed to satisfy them. Petitioners have done nothing to demonstrate that they complied with the applicable state rules for raising their federal due process claim before the Alabama Supreme Court,1 or to explain why the failure to
1 Respondents have argued that because petitioners failed to list their federal claim in the "statement of issues" section of their appellate brief in accordance with Alabama Rule of Appellate Procedure 28(a)(3), the Alabama Supreme Court would have properly disregarded the claim even if petitioners had presented it below. See Brief for Respondent Liberty
87
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: October 4, 2007