Gregory Paul Johnson v. Samuel Lewis

Gregory Paul Johnson, a state prisoner, appeals pro se from the denial of his petition pursuant to 28 U.S.C. § 2254 . The district court held that Johnson was barred from seeking review of his federal constitutional claim because he had failed to present it in the Arizona state courts. The district court also concluded that Johnson had failed to demonstrate cause and prejudice for his procedural default. We vacate and remand with directions because we conclude that Johnson is not barred from filing a petition for collateral review of his federal constitutional claim under Arizona law.

FACTUAL BACKGROUND

An Arizona jury convicted Johnson of aggravated assault, armed robbery, and kidnapping. On his direct appeal before the Arizona Court of Appeals, Johnson’s appointed counsel asserted that the trial court committed reversible error in its evi-dentiary rulings and that the prosecutor was guilty of misconduct. Johnson’s appointed appellate counsel did not present a federal constitutional claim in support of these contentions. He relied solely on cases from Arizona and New York. The Arizona Court of Appeals affirmed the judgment of conviction. The Arizona Supreme Court denied…