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Since 1867 federal courts have had the power to issue the writ of habeas corpus to free a person imprisoned by one of the states in violation of the Constitution or laws of the United States., A prisoner must exhaust all available state remedies, however, before seeking a habeas writ in federal court.2 By providing state courts ample opportunity to correct their own errors, the rule reduces friction between federal and state governments due to federal interference in state court judgments.3 Originally a judicial doctrine, this exhaustion requirement was codified in 1948 in 28 U.S.C. § 22545 ("section 2254"). Although the statute is absolute in its terms and allows for only one carefully defined exception, federal courts are divided over whether a state's attorney can waive, concede,1 or forfeit' the

State Waiver and Forfeiture of the Exhaustion Requirement in Habeas Corpus Actions