Willis White v. Samuel A. Lewis

White appeals the dismissal of his petition for a writ of habeas corpus on the ground that White had not raised his claims on appeal in state court and had failed to show cause for the default and resulting prejudice. We affirm.

White’s principal argument on appeal is that the state’s motion to dismiss his petition was an improper pleading under the rules governing actions brought under 28 U.S.C. § 2254 . A motion to dismiss, however, is a valid pleading under the rules. In resisting the motion, White had the burden to establish cause and prejudice. Because he failed to meet that burden, the district court correctly dismissed his petition.

BACKGROUND

White was convicted in Arizona state court of armed robbery and kidnapping. The facts, taken from the opinion of the Arizona Court of Appeals, are as follows:

White’s convictions and sentences were affirmed on direct appeal and review was denied by the Arizona Supreme Court.

Approximately two years later, White sought post-conviction review under Rule 32, Arizona Rules of Criminal Procedure, raising two constitutional issues, not raised on direct appeal, on which he later based his federal habeas corpus petition.

The state trial…