Donald Wells v. Roseanne Campbell

FILED

NOT FOR PUBLICATION MAR 22 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

DONALD RAY WELLS, No. 09-35006

Petitioner - Appellant, D.C. No. 3:06-cv-00018-MA

v.

MEMORANDUM *

ROSEANNE CAMPBELL; JOAN

PALMATEER, Warden,

Respondents - Appellees.

Appeal from the United States District Court for the District of Oregon Malcolm F. Marsh, District Judge, Presiding

Argued and Submitted December 8, 2009 Portland, Oregon

Before: FARRIS, D.W. NELSON and BERZON, Circuit Judges.

Donald Wells, an inmate in the custody of the Oregon Department of

Corrections, appeals the district court’s denial of his petition for a writ of habeas

corpus.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

I. Ineffective Assistance Related to the Motion to Suppress Wells’s Hospital-

Bed Statements

1. Wells fairly presented his ineffective assistance claim to the state post-

conviction court. Wells was required to present to the state court the…