United States Ninth Circuit

Washington's rule requiring dismissal of "mixed petitions" was not adequate to serve as a procedural bar to the assertion of prisoner's federal rights because, in actual practice, the rule was not "clear, consistently applied and well-established" at the time of plaintiff's purported default.

Appellate Information

• Argued 03/03/2003
• Decided 02/10/2004
• Published 02/10/2004

Judges

• W. FLETCHER, Circuit Judge:, Before REINHARDT, W. FLETCHER and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Suzanne Elliott, Seattle, WA, for the petitioner.


• For Appellees:
  
• John Joseph Samson, Office of the Attorney General, Olympia, WA, for the respondent.