United States Ninth Circuit
Nitschke v. Belleque, 10-36121
Denial of a petition for habeas corpus is affirmed, where federal review of the petitioner's Apprendi claim was barred because the claim was procedurally defaulted, since the Oregon Court of Appeals' decision on the claim did not reach the merits, but rather was clearly and expressly based on state law, so it was not "interwoven" with federal law.
Appellate Information
- Decided 05/24/2012
- Published 05/24/2012
Judges
- Paez
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Robert Hamilton, Erin G. Lagesen