Gary Corbray v. Maggie Miller-Stout

MEMORANDUM

Petitioner-Appellant Gary Louis Cor-bray (“Corbray”) appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas corpus petition, in which he challenges his jury conviction for child molestation. He contends that the district court erred in concluding that his federal constitutional claims of ineffective assistance of trial counsel and jury bias were procedurally barred.

Corbray’s claim of ineffective assistance of trial counsel is procedurally barred by Washington’s inadequate briefing rule. Pursuant to this rule, Washington state courts require a petitioner to substantiate his factual allegations in his personal restraint petition by either citing to the record or by providing admissible evidence outside the record. See In re Rice, 118 Wash.2d 876 , 828 P.2d 1086, 1092-93 (1992) (citing Wash. R.App. P. 16.7(a)(2)(i)). This procedural bar is based on independent and adequate state law. See Parmelee v. Fraker, No. C09-5273BHS, 2010 WL 546933 , at *8 (W.D.Wash.2010) (collecting cases from 1994 to 2008) (unpublished); see also State v. Ruiz, 138 Wash.App. 1021 , 2007 WL 1229392 , at *4 (Wash.App. Div. 3, Apr.26, 2007) (unpublished); State v. Crocker, 138…