Ramon L. Smith v. State of Idaho
Court of Appeals for the Ninth Circuit
1Opinion of the Court
BETTY B. FLETCHER, Circuit Judge:
Ramon Smith (“Smith”) appeals the district court’s dismissal of his petition for a writ of habeas corpus. The district court held that Smith’s claims were procedurally barred because Smith had failed to comply with state procedural rules during his state post-conviction proceedings. The district court also held that Smith had made no showing of cause and prejudice to excuse his procedural default. Smith filed a timely appeal. We conclude that the district court lacked personal jurisdiction over the petition, but that the State of Idaho has waived any…
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