DAVIS v. SILVA
The Ninth Circuit Court of Appeals today released an opinion in DAVIS v. SILVA, No. 05-16821, a habeas corpus appeal. The panel consisted of John R. Gibson, A. Wallace Tashima, and Marsha S. Berzon, Circuit Judges.
TASHIMA, Circuit Judge:
Petitioner Michael Davis appeals the district court’s dismissal of his habeas corpus petition for failure to exhaust. In the underlying claim, Davis complains that, during a prison disciplinary hearing resulting in the revocation of good-time credit, his due process right to call a witness was violated. Respondent Warden J. Silva (the “State”) contends that Davis’ claim is unexhausted because he failed to provide the California Supreme Court with a sufficient factual basis for his federal claim. We reverse the district court, holding that Davis did exhaust the factual basis for his claim because he presented to the state court all the facts necessary to give application to the constitutional principle upon which he relies. JURISDICTION The district court had jurisdiction pursuant to 28 U.S.C. § 2254, and we have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. BACKGROUND Michael Davis is a California state prisoner serving a nineyear sentence for second degree burglary. While in prison, he allegedly committed a battery against a prison staff employee.. . .