United States Ninth Circuit

Where a post-conviction relief court's decision disclosed its federal law basis, the Oregon Supreme Court was on notice of the specifically federal nature of defendant's claim of ineffective assistance of appellate counsel; thus, the defendant fairly presented the federal claim and exhausted it.

Appellate Information

• Argued 11/09/2001
• Decided 03/12/2002
• Published 03/12/2002

Judges

• Before: HUG, T.G. NELSON, and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Dennis N. Balske, Assistant Federal Public Defender, Portland, OR, for the petitioner-appellant.


• For Appellees:
  
• Robert B. Rocklin, Assistant Attorney General, Salem, OR, for the respondent-appellee.