Waldrip

I. Background

Following a bench trial in California state court, Waldrip was convicted of being a felon in possession of a firearm in WALDRIP v. HALL 15465 violation of Cal. Penal Code § 12021(a)(1), on September 11, 2000. The trial court found that he had been convicted of at least three prior “strike” convictions and sentenced him to twenty-five years to life in state prison under California’s “three strikes” law. The California Court of Appeal affirmed the conviction on October 16, 2001, and Waldrip did not peti- tion the California Supreme Court for review.

Three separate habeas petitions were subsequently filed on behalf of Waldrip in California state courts, albeit in an unor- thodox pattern. On October 31, 2001, Waldrip’s appellate counsel filed a habeas petition in the California Court of Appeal, which argued that trial counsel was ineffective for failing to raise a defense of momentary possession. That peti- tion was denied on November 13, 2001 in a reasoned decision.

On March 14, 2002, Waldrip filed pro se a second habeas petition in the Los Angeles County Superior Court, arguing that trial counsel failed to raise all applicable defenses…