Carlos Castillo v. Charles Ryan

MEMORANDUM

Arizona state prisoner Carlos Castillo appeals the denial of his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2258 . We review de novo the district court’s decision to deny his habeas petition, see Clabourne v. Ryan, 745 F.3d 362, 370 (9th Cir.2014), and we affirm.

The district court concluded that all three of Castillo’s claims were procedurally defaulted. Castillo argues that this ruling was erroneous for four reasons: (1) he fairly presented his postconviction ineffective assistance claim to the state courts; (2) the Arizona Court of Appeals did not expressly rely on Arizona Rule of Criminal Procedure 32.2(a)(3) to deny any of his claims; (3) Rule 32.2(a)(3) is too unclear to serve as an independent and adequate state ground; and (4) there is cause and prejudice to excuse any default. Though we agree with Castillo that the certificate of appealability encompasses these arguments, see Koerner v. Grigas, 328 F.3d 1039 , 1048-49 & n. 3 (9th Cir.2003), we reject all four contentions.

1. Putting aside whether Castillo properly presented a postconviction ineffective assistance claim to the state courts or the district court, he does not have…