United States Ninth Circuit

Simply contesting the adequacy of a state rule is sufficient to meet the petitioner's burden under Bennett v. Mueller, 322 F.3d 573 (9th Cir. 2003) if the court has previously found the rule to be too ambiguous to bar federal review during the applicable time period.

Appellate Information

• Argued 03/14/2006
• Decided 07/26/2006
• Published 07/26/2006

Judges

• Before ALFRED T. GOODWIN, STEPHEN REINHARDT, and MICHAEL DALY HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Matthew Dale Alger, Clovis, CA, for the petitioner-appellant.


• For Appellees:
  
• Lisa Ashley Ott, Deputy Attorney General, San Francisco, CA, for the respondent-appellee.