95 Cal. Daily Op. Serv. 8295, 95 Daily Journal D.A.R. 14,338 Gary Brown v. Louis Easter, Superintendent, Spring Creek Correctional Center, Alaska Department of Corrections

68 F.3d 1209 95 Cal. Daily Op. Serv. 8295 , 95 Daily Journal D.A.R. 14,338 Gary BROWN, Petitioner-Appellant, v. Louis EASTER, Superintendent, Spring Creek Correctional Center, Alaska Department of Corrections, Respondent-Appellee. No. 94-35591. United States Court of Appeals, Ninth Circuit. Submitted Aug. 8, 1995 * . Decided Oct. 25, 1995. Andrew M. Hemenway, Anchorage, Alaska, for petitioner-appellant. Nancy R. Simel, Assistant Attorney General, Anchorage, Alaska, for respondent-appellee. Appeal from the United States District Court for the District of Alaska. Before: HALL, WIGGINS, and KLEINFELD, Circuit Judges. WIGGINS, Circuit Judge: OVERVIEW 1 This case considers what record is properly before a federal district court considering a petition for habeas corpus under 28 U.S.C. Sec. 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 procedurally 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…