Melvin Bernard Coley v. David A. Gonzales

Coley, an Arizona State prisoner, appeals from the denial of his 28 U.S.C. § 2254 habe-as petition challenging his conviction for conspiracy to commit first degree murder, conspiracy to hinder prosecution, and hindering prosecution. Coley argues that the district court’s ruling that he is procedurally barred from bringing his claims is erroneous. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 2253 . We affirm in part, reverse in part, and remand.

I

Although the history of this case is described in Coley v. Gonzales, 813 F.Supp. 705 (D.Ariz.1992) (Coley), a brief review of the proceedings will serve to put this appeal in context.

In 1975, Arizona Rule of Criminal Procedure 32 was amended to consolidate several types of post-indictment writs, petitions and motions. Rule 32 encompasses the relief available by writ of habeas corpus. See Roettgen v. Copeland, 33 F.3d 36, 38 (9th Cir.1994) (discussing history of Arizona Rule 32). Coley had a direct appeal pending before the Arizona Supreme Court when he filed a Rule 32 petition in Arizona trial court on March 9, 1988. The Rule 32 petition was denied by the Arizona trial court on September 23, 1988. Following a…