United States Ninth Circuit

The California Supreme Court's reference to "lack of diligence" in denial of a habeas petition is a reference to untimeliness as discussed in In Re Clark, 5 Cal. 4th 750, and In Re Robbins, 18 Cal. 4th 770, and such reliance constitutes an independent state ground; adequacy of the state ground must be determined under proper burden-shifting principles.

Appellate Information

• Argued 10/10/2001
• Decided 07/09/2002
• Published 07/09/2002

Judges

• Before BRUNETTI, RYMER, and WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Tina Long Rippy, Esq., Attorney at Law, Whittier, California, for the petitioner-appellant.


• For Appellees:
  
• Bill Lockyer, Attorney General of the State of California;  David P. Druliner, Chief Assistant Attorney General;  Marc E. Turchin, Acting Senior Assistant Attorney General;  Marc J. Nolan, Deputy Attorney General;  Gary A. Lieberman, Deputy Attorney General, Los Angeles, California, for the respondents-appellees.