Michael Smith v. Oregon Board of Parole and Post-Prison Supervision

OPINION

HURWITZ, Circuit Judge:

The central issue before us is whether Smith, an Oregon state prisoner, procedurally defaúlted a federal habeas claim. In Harris v. Reed, the Supreme Court instructed that “a procedural default does not bar consideration of a federal claim ... unless the last state court rendering a judgment in the case clearly and expressly states that its judgment rests on a state procedural bar.” 489 U.S. 255, 263, 109 *859S.Ct. 1038, 103 L.Ed.2d 308 (1989) (internal quotation omitted). Applying Hams and its Ninth Circuit progeny, we hold that Smith did not default his claim and…