Donna Lee v. Debra Jacquez

Donna Kay Lee is serving two life sentences without the possibility of parole in a California state prison for first degree murder. After the California Court of Appeal affirmed her conviction on direct appeal, Lee filed various habeas petitions in state courts. All of her claims were denied, some on the merits and others as proeedurally barred. This appeal concerns eleven claims that the California Supreme Court found to be proeedurally barred under the Dixon rule, which prohibits California state courts from considering habeas claims that should have been' raised on direct appeal but were omitted. Ex parte Dixon, 41 Cal.2d 756 , 264 P.2d 513 (1953). On federal habeas review, the district court found that Dixon is an adequate and independent state law procedural rule that bars federal review of Lee’s claims. However, even assuming, without deciding, that Dixon is an independent state law rule, the state has failed to meet its burden of demonstrating the Dixon bar’s adequacy at the time of Lee’s procedural default. Thus, we reverse and remand for the district court to consider her claims on the merits.

BACKGROUND

On March 23,1998, Lee was convicted of two counts of…