Whaley

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LESLIE WHALEY, 

Petitioner-Appellant, No. 06-35759 v. BRIAN BELLEQUE, SUPERINTENDENT,  D.C. No.

CV-05-00090-GMK

OREGON DEPARTMENT OF

OPINION

CORRECTIONS,

Respondent-Appellee.  Appeal from the United States District Court for the District of Oregon Garr M. King, District Judge, Presiding

Argued and Submitted July 11, 2007—Portland, Oregon

Filed March 24, 2008

Before: Stephen Reinhardt, Circuit Judge; Cynthia Holcomb Hall, Senior Circuit Judge; Milan D. Smith, Jr., Circuit Judge.

Opinion by Judge Reinhardt; Dissent by Judge Hall

2857 2860 WHALEY v. BELLEQUE

COUNSEL

Thomas J. Hester, Assistant Federal Public Defender, Port- land, Oregon, for the appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Carolyn Alexander, Assistant Attorney General, Office of the Oregon Attorney General, Salem, Oregon, for the appellee.

OPINION

REINHARDT, Circuit Judge:

Leslie Whaley has shuttled in and out of habeas corpus and parole proceedings since 1993. In one of the most recent itera- tions of this procedure, the state represented…