Ronald P. Herberg v. C. Ryan, Warden Attorney General of the State of Arizona

972 F.2d 1339 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ronald P. HERBERG, Petitioner-Appellant, v. C. RYAN, Warden; Attorney General of the State of Arizona, Respondents-Appellees. No. 91-16010. United States Court of Appeals, Ninth Circuit. Submitted May 13, 1992. * Decided July 28, 1992. Before GOODWIN, FLETCHER and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Herberg appeals the district court denial of his habeas corpus petition. The district court held that he failed to exhaust his state remedies. We affirm. 3 Following his conviction in Arizona state court, Herberg, through counsel, appealed to the state intermediate court of appeals. His court appointed appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). The Anders brief simply stated that "[n]o arguable question has been found. It is respectfully requested that this court search the record for fundamental error...." Herberg filed a supplemental brief in which he claimed…