Joseph W. McBride v. Manfred Maass, Superintendent, Oregon State Penitentiary

28 F.3d 107 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joseph W. McBRIDE, Petitioner-Appellant, v. Manfred MAASS, Superintendent, Oregon State Penitentiary, Respondent-Appellee. No. 93-35269. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 6, 1994. Decided June 13, 1994. Before: ALARCON, NORRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 A state prisoner asks us to reverse the district court's dismissal of his habeas corpus petition. The court concluded that his federal habeas corpus petition was barred because he procedurally defaulted in state court. We reverse. ANALYSIS 3 In a pro se habeas petition, Joseph W. McBride (McBride) argues that his Oregon state conviction was obtained by violating his rights to remain silent and to an attorney, and by prosecutorial misconduct. He argues that the police officers who questioned him were improperly permitted to testify at his trial that he asked for an attorney during the questioning. He also…