Habeas Petition Dismissed where Petitioner Raised an Argument on Appeal that was Never Raised in the District Court or Presented to the State Courts

Seventh Circuit Criminal Case Summaries: Collateral Attack

Bolton v. Akpore, No. 10-3150. Upon consideration of a habeas corpus petition, the Court of Appeals affirmed the denial of the writ because the petitioner both failed to preserve the issue for review in the federal district court and did not present the issue in one complete round of state court review. After the petitioner obtained a certificate of appealability, he raised for the first time on appeal an issue regarding the suggestiveness of a lineup where he was identified. However, he neither raised this argument in the district court habeas proceedings nor in the state court review proceedings. Accordingly, the court denied the petition on grounds of waiver and failure to exhaust state court remedies.