Moreno v. Gonzalez

Moreno’s 28 U.S.C. § 2254 petition raised seven claims. According to the record before us, Moreno never fairly presented any of these claims to the Arizona Supreme Court.

We must determine whether a rule of state law, which the state courts apply consistently, would necessarily bar Moreno from fairly presenting his claims to the state courts at this date. If so, then absent cause and prejudice or a fundamental miscarriage of justice, federal review of these claims would be *410barred. See Coleman v. Thompson, 501 U.S. 722, 750, 111 S.Ct. 2546, 2565, 115 L.Ed.2d 640 (1991); Johnson v. Lewis, 929…