United States Ninth Circuit

Dismissal of a petition for habeas relief from a conviction for first degree murder is affirmed where: 1) the district court did not abuse its discretion in denying petitioner's motion to stay his mixed petition as petitioner's "impression" that his counsel had exhausted an unexhausted claim did not constitute "good cause" for failure to exhaust that claim; and 2) the district court properly dismissed the habeas petition as mixed.

Appellate Information

• Argued 06/03/2008
• Decided 08/26/2008
• Published 08/26/2008

Judges

• MILAN D. SMITH, JR., Circuit Judge:, Before:  WILLIAM C. CANBY, JR., JAY S. BYBEE, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jeffrey D. Price, Santa Monica, CA, for the petitioner-appellant.


• For Appellees:
  
• Carl N. Henry, Deputy Attorney General for the State of California, Los Angeles, CA, for the respondent-appellee.