Michael Reese v. George H. Baldwin
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge GOULD; Dissent by Judge T.G. NELSON.
GOULD, Circuit Judge.
OVERVIEW
Petitioner Michael Reese (“Reese”) appeals the district court ruling that his claim of ineffective assistance of appellate counsel in his § 2254 habeas petition is procedurally defaulted because of lack of exhaustion. The issue is whether Reese adequately alerted the state courts to the federal nature of his claims. We reverse the district court, concluding that Reese fairly presented his federal claims to the state courts, and we remand for further proceedings on his habeas petition.
PROCEDURAL HISTORY
I.…
2Cases cited19 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Coleman v. ThompsonSupreme Court of the United States · 1991
- O'Sullivan v. BoerckelSupreme Court of the United States · 1999
- Jones v. BarnesSupreme Court of the United States · 1983
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3Cited by31 opinions
- Baldwin v. ReeseSupreme Court of the United States · 2004
- Andreas Kelly v. Larry Small, WardenCourt of Appeals for the Ninth Circuit · 2003
- Eric Allen Peterson v. Robert LampertCourt of Appeals for the Ninth Circuit · 2003
- Lee v. LampertCourt of Appeals for the Ninth Circuit · 2011
- Donald Edward Beaty v. Terry Stewart, DirectorCourt of Appeals for the Ninth Circuit · 2002
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