Marvin D. Tabron v. Jeff Hood

42 F.3d 1402 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marvin D. TABRON, Petitioner-Appellant, v. Jeff HOOD, Respondent-Appellee. No. 94-15827. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1994. * Decided Nov. 18, 1994. Before: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Marvin D. Tabron, an Arizona state prisoner, appeals pro se the district court's summary dismissal of his 28 U.S.C. Sec. 2254 habeas petition. Following a jury trial, Tabron was convicted of two counts of child molestation, and was sentenced to consecutive terms of 17 and 28 years imprisonment. Tabron contends that the district court erred by dismissing his petition, because he demonstrated sufficient cause for his procedural default. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review the denial of a habeas corpus petition de novo. Paradis v. Arave, 20 F.3d 950, 953 (9th Cir.1994). We reverse and remand. A. Background 3 Prior to Tabron's…