Vincent Tyrone Baylis v. Samuel Lewis

46 F.3d 1138 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Vincent Tyrone BAYLIS, Petitioner-Appellant, v. Samuel LEWIS, Respondent-Appellee. No. 94-15651. United States Court of Appeals, Ninth Circuit Submitted: Nov. 14, 1994. * Decided: Jan. 12, 1995. Before: LAY, ** PREGERSON, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM *** 2 Vincent Tyrone Baylis appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition, in which he challenged his probation revocation and his sentence for the sale of narcotics. The district court ruled: (1) Baylis failed to show that the Arizona state trial court did not conduct a fair hearing or adequate factual hearing; (2) Baylis failed to exhaust his claim for ineffective assistance in the state court, and thus that claim is procedurally barred; (3) Baylis' claim that his sentence violated the Eighth Amendment is also procedurally barred, as is his claim for denial of adequate relief procedures. The district court also…