Jones v. Dretke, 375 F.3d 352, 355 (5th Cir.2004). A claim is fairly presented when the petitioner “asserts the claim in terms so particular as to call to mind a specific right protected by the Constitution or alleges a pattern of facts that is well within the mainstream of constitutional litigation.” Kittelson v. Dretke, 426 F.3d 306, 315 (5th Cir.2005) (per curiam) (internal quotation marks omitted). “It is not enough that all the facts necessary to support the federal claim were before the state courts or that a somewhat similar state-law claim was made.” Wilder v. Cockrell, 274 F.3d 255, 259 (5th Cir.2001) (quoting Anderson v. Harless, 459 U.S. 4, 6, 103 S.Ct. 276, 74 L.Ed.2d 3 (1982)); see also Duncan v. Henry, 513 U.S. 364, 366, 115 S.Ct. 887, 130 L.Ed.2d 865 (1995) (per curiam) (<HOLDING>); Gartrell v. Lynaugh, 833 F.2d 527, 529 (5th
holding that petitioner did not fairly present federal due process claim by bringing a somewhat similar but doctrinally distinct miscarriage of justice claim under the california constitution holding that similar allegations were insufficient to state a due process claim holding that a claim of legal malpractice under alabama law did not present a federal question holding petitioner must show prejudice to prevail on due process claim holding petitioner must establish factual innocence in order to show fundamental miscarriage of justice would result from application of procedural default