United States Ninth Circuit

A habeas petitioner did not meet her burden of placing a state procedural default defense at issue, and a Confrontation Clause claim is procedurally defaulted. Petitioner failed to show that counsel's performance was ineffective as to establish "cause" for raising the claim in federal habeas.

Appellate Information

• Argued 05/06/2003
• Decided 06/20/2003
• Published 06/20/2003

Judges

• LEAVY, Circuit Judge:, Before:  LEAVY, RYMER, and T.G. NELSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David J. Gierlach and Michael Jay Green, Honolulu, HI, for the petitioner-appellant.


• For Appellees:
  
• Alexa D.M. Fujise, Office of the Prosecuting Attorney, Honolulu, HI, for the respondents-appellees.