Question: What are the state remedies a person must exhaust before filing a federal habeas petition in Wisconsin?

Answer: In order for a person to file for federal habeas relief, he or she must exhaust his or her state remedies. After he or she has done so, he or she can file a write for habeas corpus with the federal district court that has jurisdiction over her or him. For example, a petitioner in Madison would file with the Western District of Wisconsin. There are occasionally other procedural hoops to jump through. If the petitioner is bringing a Fourth Amendment Claim, he or she needs to show he or she did not obtain a full and fair hearing on the constitutional issue in the state court.

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