United States Ninth Circuit

State court's denial of postconviction petition for ineffective assistance of counsel based on a finding that the lawyer would have raised such a claim if petitioner had a colorable claim is insufficient to invoke a state procedural rule to bar federal habeas review.

Appellate Information

• Argued 08/17/2000
• Decided 03/06/2001
• Published 03/06/2001

Judges

• FERGUSON, Circuit Judge:, Before:  FERGUSON, REINHARDT, DAVID R. THOMPSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• S. Jonathan Young, Tucson, Arizona;  John F. Palumbo, Law Offices Pima County Public Defender, Tucson, Arizona, for the petitioner-appellant.


• For Appellees:
  
• Scott Bales, Solicitor General, Phoenix, Arizona, for the respondent-appellee.