Peter T. EDELBACHER, Petitioner-Appellant, v. Arthur CALDERON, Warden, Respondent-Appellee

SNEED, Circuit Judge:

Petitioner Peter T. Edelbaeher (“petitioner”) appeals from a judgment of the United States District Court for the Eastern District of California, Judge Robert E. Coyle, dismissing his petition for writ of habeas corpus. On appeal, petitioner argues that we are bound by Phillips v. Vasquez, 56 F.3d 1030 (9th Cir.1995). The narrow holding in Phillips does not control this case. When there is a pending state penalty retrial and no unusual circumstances, we decline to depart from the general rule that a petitioner must await the outcome of the state proceedings before…