Kenakil Gibson v. Ricky D. Dixon, Secretary, Florida Department of Corrections
HabeasCorpus
Does state prisoner fairly present federal nature of his claim on direct appeal
QUESTIONS PRESENTED ¢ Does state prisoner “fairly present” federal nature of his claim on direct appeal where he cites to a lone Florida Supreme Court case that cites to, and was decided on, federal grounds? e Where state and federal claims share the same legal standard, has a federal claim been “fairly presented” when the state court necessarily rejects the federal claim in ruling on the state claim? ¢ Does claim, where state and federal law share identity, “fairly present” the federal nature of a state-law claim when state court must naturally use the standard set forth in Jackson v. Virginia, 443 U.S. 307 (1979) in order to adjudicate the claim? ; ‘ ii