Court of Appeals for the Ninth Circuit April 11, 2002, No. 01-15432; D.C. No. CV-95-00727-DWH (Herrera v. Nevada)

MEMORANDUM*

We conclude, as a preliminary matter, that Herrera’s claims were properly exhausted before the Nevada Supreme Court. A claim may be exhausted if either the petitioner has “fairly presented” the claim to the highest state court, Picard v. Connor, 404 U.S. 270, 275, 92 S.Ct. 509, 30 L.Ed.