Toby Joe Gutierrez v. Dan Moriarty, Warden, Attorney General of the State of New Mexico

in part:

I concur in part II of the majority opinion, and in the result. However, I respectfully dissent with respect to the process by which the majority reaches that result. Procedural bar precludes consideration of Gutierrez’s speedy trial claim.

When the last state court of review clearly holds that a federal constitutional issue has been forfeited due to a violation of state procedural rules, and the finding rests on adequate and independent state law grounds, then such a finding of procedural default bars federal habeas review of the federal claim. See Harris v. Reed, 489 U.S. 255, 109…