Kelly Koerner v. George A. Grigas

Today’s opinion concludes that it was error to look to the circumstances surrounding an ambiguous state court order in determining whether the petitioner’s ineffective assistance of trial counsel claim was procedurally defaulted. Today’s decision ignores the clear teachings of the Supreme Court in Coleman v. Thompson, 501 U.S. 722, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991) and Ylst v. Nunnemaker, 501 U.S. 797, 111 S.Ct. 2590, 115 L.Ed.2d 706 (1991). I respectfully dissent.

I

Kelly Koerner is currently serving a life without parole sentence in Nevada for the murder of his former wife. After Koerner…