Legal Opinion
McGuigan v. Hall
Court of Appeals for the Ninth Circuit
Decided February 25, 2009No. 08-35245PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM **
Gerald McGuigan appeals the district court’s denial of his habeas petition, arguing that the district court erred in determining that his shackling-based ineffective assistance claim is procedurally barred. We have jurisdiction to review his petition under 28 U.S.C. §§ 1291 and 2253, and we affirm.
The only procedural bar issues in dispute here are (1) whether McGuigan actually violated Oregon state pleading rules and (2) if so, whether the pleading rules provide an adequate ground for denial of his federal claim. See Coleman v. Thompson, 501 U.S. 722, 750, 111 S.Ct. 2546, 115…
2Cases cited8 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Ylst v. NunnemakerSupreme Court of the United States · 1991
- John J. Zichko v. State of Idaho Larry Wright, Warden Alan LanceCourt of Appeals for the Ninth Circuit · 2001
- George Lopez v. Dora B. Schriro, Arizona Department of Corrections Director Megan Savage, WardenCourt of Appeals for the Ninth Circuit · 2007
- Abbott v. BaldwinCourt of Appeals of Oregon · 2001
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3Cited by2 opinions
- Dickie v. SantaDistrict Court, D. Massachusetts · 2019
- Lux v. KellyDistrict Court, D. Oregon · 2023