Legal Opinion
Eric Allen Peterson v. Robert Lampert, Superintendent, Snake River Correctional Institution
Court of Appeals for the Ninth Circuit
Decided January 11, 2002No. 00-35897PublishedCited by 5 opinions
1Opinion of the Court
T.G. NELSON, Circuit Judge:
Petitioner Eric Allen Peterson appeals the district court’s denial and dismissal of his 28 U.S.C. § 2254 petition. We affirm the district court’s decision on the ground that Peterson proeedurally defaulted his federal ineffective assistance of counsel claim by fading to fairly present it to the Oregon Supreme Court.
In this case, we must revisit one of our earlier decisions, Wells v. Maass. 1 Wells held that a petitioner fairly presents an issue to the Oregon Supreme Court, for purposes of federal habeas review, by incorporating the issue from an Oregon Court of…
2Cases cited18 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- O'Sullivan v. BoerckelSupreme Court of the United States · 1999
- Duncan v. HenrySupreme Court of the United States · 1995
- Anderson v. HarlessSupreme Court of the United States · 1982
- Phillip Jackson Lyons v. Jackie CrawfordCourt of Appeals for the Ninth Circuit · 2000
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3Cited by5 opinions
- Michael Ray Lounsbury v. Frank S. ThompsonCourt of Appeals for the Ninth Circuit · 2004
- Michael Ray Lounsbury v. Frank S. ThompsonCourt of Appeals for the Ninth Circuit · 2003
- Dawson v. RoeCourt of Appeals for the Ninth Circuit · 2002
- Furnish v. PalmateerDistrict Court, D. Oregon · 2002
- Negrete v. RoeDistrict Court, N.D. California · 2002