United States Ninth Circuit

In a murder prosecution, the dismissal of Petitioner's habeas petition is reversed where: 1) the District Court erred in ruling that Petitioner had not fairly presented his claims in state court; and 2) Petitioner complied with the Oregon Supreme Court's rules of practice by incorporating his appellate brief by reference.

Appellate Information

• Argued 07/01/2007
• Decided 04/29/2009
• Published 04/29/2009

Judges

• Before ALFRED T. GOODWIN, STEPHEN REINHARDT and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Lisa Hay, Assistant Federal Public Defender, Portland, OR, for the petitioner-appellant.


• For Appellees:
  
• Erin C. Lagesen, Assistant Attorney General, Salem, OR, for the respondent-appellee.