United States Ninth Circuit

Dismissal of a habeas petition with prejudice is affirmed where petitioner's argument that his indictment was constitutionally defective was procedurally barred because of his failure to raise it on direct appeal.

Appellate Information

• Argued 03/05/2007
• Decided 09/04/2007
• Published 09/04/2007

Judges

• O'SCANNLAIN, Circuit Judge:, Before:  DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Darla J. Mondou, Marana, AZ, argued the cause and was on the brief for the defendant-appellant., Richard L. Pomeroy, Assistant United States Attorney, District of Alaska, Anchorage, AK, argued the cause and was on the briefs for the plaintiff-appellee;  Nelson P. Cohen, United States Attorney, District of Alaska, Anchorage, AK, and Timothy M. Burgess, United States Attorney, District of Alaska, Anchorage, AK, were also on the briefs.