Jerry Carter v. G.J. Giurbino, Warden

SILVERMAN, Circuit Judge:

The California Supreme Court issued a postcard denial of appellant Jerry Carter’s petition for writ of habeas corpus, citing only In re Lindley, 29 Cal.2d 709, 177 P.2d 918 (1947). Lindley stands for the California rule that a claim of insufficiency of evidence can only be considered on direct appeal, not in habeas proceedings. In denying a federal petition for writ of habeas corpus, the district court held that the Lindley rule is an independent and adequate state procedural bar and that appellant had procedurally defaulted his sufficiency of evidence claims by…