Michael Philip Anselmo v. George Sumner

Michael Philip Anselmo, a state prisoner, appeals from the denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 . Anselmo claims before this court that his federal constitutional rights were violated at his state trial because his involuntary confession was admitted at trial, and he was denied effective assistance of counsel in his direct appeal.

I.

PROCEDURAL AND FACTUAL BACKGROUND

The government contends that each of Anselmo’s federal constitutional claims is procedurally barred. We agree. We review the denial of a petition for a writ of habeas corpus independently, without deference to the district court’s findings and conclusions. Weygandt v. Ducharme, 774 F.2d 1491, 1492 (9th Cir.1985).

A federal court will not consider the merits of a federal constitutional claim if a state’s highest court has dismissed a collateral attack upon a criminal conviction based on an independent state procedural ground, unless cause and actual prejudice are shown. Murray v. Carrier, 477 U.S. 478, 492 , 106 S.Ct. 2639, 2647 , 91 L.Ed.2d 397 (1986).

Anselmo was found guilty in 1972 of murder in the first degree after trial in the Second Judicial District Court…