Michael Cavanaugh v. Larry Kincheloe Amos Reed

Michael Cavanaugh appeals from the April 11,1988 dismissal of his petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254 , for failure to object at his habitual criminal proceedings to the failure of the state prosecutor to prove compliance with Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969), at the time he pleaded guilty to two of the alleged prior convictions. Cavanaugh seeks reversal on the following grounds:

One. The State of Washington did not raise the issue of procedural bar before the district court. Therefore, this issue was waived.

Two. The Washington rule that failure to raise an issue on appeal precludes review of that question in a personal restraint petition is inapplicable where the record shows the deprivation of a federal constitutional right.

Three. The district court erred in applying the procedural bar doctrine because the record shows “cause” for the failure to object to the required foundation under Boykin for proof of the validity of a prior plea of guilty and “actual prejudice.”

Four. The guilty pleas entered in 1957 and 1972 are invalid because they were involuntary under Boykin .

Five. The habitual criminal…