John Seka v. E. McDaniel

MEMORANDUM and ORDER

In his habeas petition, petitioner John Joseph Seka alleged thirteen claims for relief. The district court found that eight of these claims were procedurally defaulted because the Nevada Supreme Court had held that they were waived under NRS 34.810(l)(b)(2). We granted a certificate of appealability as to whether the district court erred in finding that these claims were procedurally defaulted. On appeal, Seka also raises several uncertified issues challenging the sufficiency of the evidence at trial and the effectiveness of his trial counsel.

We review the district court’s dismissal of a habeas petition on procedural grounds de novo. Collier v. Bayer, 408 F.3d 1279, 1280 (9th Cir.2005). We will grant a certificate of appealability where “the prisoner shows, at least, that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable.” Slack v. McDaniel, 529 U.S. 473, 484 , 120 S.Ct. 1595 , 146 L.Ed.2d 542 (2000).

As to Seka’s certified issue, we hold that the district court was correct in determining that Seka defaulted the eight claims. Seka…