United States Ninth Circuit

A habeas petitioner was incorrectly charged with the burden of proving that the California Supreme Court's citation to the People v. Hill rule, 9 Cal. 3d 784, was an independent and adequate state procedural ground that would bar appellate review.

Appellate Information

• Argued 02/05/2002
• Decided 07/29/2002
• Published 07/29/2002

Judges

• Before PREGERSON, RYMER, and T.G. NELSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jerry D. Whatley, Santa Barbara, CA, for the petitioner-appellant.


• For Appellees:
  
• Erika D. Jackson, Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.