United States Ninth Circuit

Dismissal of plaintiff's petition for a writ of habeas corpus is reversed where the district erred when it dismissed his due process claim under 28 U.S.C. section 2254(b)(2) since it is not perfectly clear that this claim is not colorable.

Appellate Information

• Decided 05/03/2005
• Published 05/03/2005

Judges

• PAEZ, Circuit Judge., Before TASHIMA, THOMAS, and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jeffrey D. Bartolino, Tucson, AZ, for the petitioner-appellant.


• For Appellees:
  
• Terry Goddard, Attorney General, Phoenix, AZ;  Kent E. Cattani, Chief Counsel, Capital Litigation Section, Phoenix, AZ;  Monica B. Klapper, Assistant Attorney General, Capital Litigation Section, Phoenix, AZ, for the respondent-appellee.