Michael Cavanaugh v. Larry Kincheloe Amos Reed

ALARCON, Circuit Judge:

Michael Cavanaugh appeals from the April 11,1988 dismissal of his petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, for failure to object at his habitual criminal proceedings to the failure of the state prosecutor to prove compliance with Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), at the time he pleaded guilty to two of the alleged prior convictions. Cavanaugh seeks reversal on the following grounds:

One. The State of Washington did not raise the issue of procedural bar before the district court. Therefore, this issue…