Fields

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

VINCENT L. FIELDS,  No. 04-35169 Petitioner-Appellant, v.  D.C. No.

CV-03-01211-TSZ

DOUG WADDINGTON,

OPINION

Respondent-Appellee.  Appeal from the United States District Court for the Western District of Washington Thomas S. Zilly, District Judge, Presiding

Argued and Submitted January 10, 2005—Seattle, Washington

Filed March 21, 2005

Before: Mary M. Schroeder, Chief Judge, Susan P. Graber, and Raymond C. Fisher, Circuit Judges.

Opinion by Judge Graber

3365 3368 FIELDS v. WADDINGTON

COUNSEL

Suzanne Lee Elliott, Seattle, Washington, for the petitioner- appellant.

Ronda D. Larson, Assistant Attorney General, Criminal Jus- tice Division, for the respondent-appellee.

OPINION

GRABER, Circuit Judge:

The district court dismissed a petition for a writ of habeas corpus for failure to exhaust state court remedies in Washing- ton. The main question before us is whether, in Washington, briefing a state constitutional claim alerts the state court that it is called on to decide an independent and parallel federal constitutional claim, even in…