Brown

OVERVIEW

This case considers what record is properly before a federal district court considering a petition for habeas corpus under 28 U.S.C. § 2254 . After the petitioner pursued his claims in a direct appeal to the highest state court, the record was expanded in state collateral proceedings, but petitioner procedur-ady defaulted on the expanded claims by failing to present them to the highest state court in a timely manner. We hold that the proper record for federal consideration is the record as it existed when the petitioner’s claims were presented for review by the state’s highest court.

BACKGROUND

Petitioner Gary Brown was convicted in Alaska Superior Court of first degree murder, tampering with physical evidence, and misconduct involving a controded substance in the fourth degree. After trial, Brown filed a motion for new trial based on newly discovered evidence and ineffective assistance of counsel. The motion was denied after an evidentiary hearing. The Alaska Court of Appeals affirmed, and the Alaska Supreme Court denied Brown’s petition for review.

Brown then filed an application for post-conviction relief in Alaska Superior Court. Although the claims raised in that…