Ogle: 7 of 8 habeas claims were exhausted

In Ogle v. Johnson, No. 06-11074 (June 15, 2007), the Court reversed the dismissal of a Georgia inmate’s federal habeas petition. The district court had dismissed the petition on the ground that the inmate had failed to raise the issues in his state postconviction proceedings. But the Court found that the record of these proceedings showed that the inmate had, in fact, raised seven of the eight issues in his prior state postconviction proceedings. The Court therefore remanded the case for further consideration of the habeas petition, except as to one unexhausted claim, which it found procedurally defaulted.