United States Ninth Circuit

Two claims in a habeas petition were procedurally defaulted and certain others were unexhausted, but three claims are not procedurally defaulted where the state failed to rely on the default in a motion to dismiss, and no reasons exist to excuse that waiver.

Appellate Information

• Argued 06/11/2001
• Decided 05/23/2003
• Published 05/23/2003

Judges

• Before HILL,GRABER, and McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael K. Powell, Assistant Federal Public Defender, Reno, NV, for the petitioner-appellant.


• For Appellees:
  
• Victor H. Schulze, II, Deputy Attorney General, Las Vegas, NV, for the respondent-appellee.