Calderon
Calderon v. United States District Court for the Eastern District of California
Opinion
Lead Opinion
Scannlain, J.
We must decide whether a California death row inmate’s procedural default in state court bars federal review of his habeas claims.
I
Arthur Calderon, Warden of the California State Prison at San Quentin (the “State”), petitions this court for a writ of mandamus directing the district court to vacate its order *1128 denying the State’s motion for summary dismissal of Anthony Bean’s habeas petition.
In June 1981, a jury convicted Bean of the murders of Beth Schatz and Eileen Fox. Bean was sentenced to life in prison without the possibility of parole for the murder of Fox, and to death for the murder of Schatz. The California Supreme Court affirmed Bean’s convictions and sentences on September 19, 1988, People v. Bean, 46 Cal.3d 919 , 251 Cal.Rptr. 467 , 760 P.2d 996 (1988), and the United States Supreme Court denied cer-tiorari on March 19, 1990, Bean v. California, 494 U.S. 1038 , 110 S.Ct. 1499 , 108 L.Ed.2d 634 (1990).
In June 1990, Bean filed an application in federal court for a stay of execution and appointment of counsel. The district court appointed counsel on July 26,1990, and Bean filed a federal habeas petition on July 18, 1991. On September 26, 1991, the district…