Robert L. Moir v. State of Idaho

81 F.3d 169 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel Robert L. MOIR, Petitioner-Appellant, v. STATE OF IDAHO, Respondent-Appellee. No. 94-35892. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 6, 1995. Decided March 27, 1996. Before: FLETCHER, KOZINSKI, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Moir appeals the dismissal by the district court of his 28 U.S.C. § 2254 habeas petition without hearing. In 1991, an Idaho court convicted Robert L. Moir of drunk driving in violation of Idaho Code § 18-8004 and sentenced him to ten days imprisonment. On habeas review, Moir claims, inter alia, that the Idaho courts violated his federal right to the assistance of counsel. We have jurisdiction pursuant to 28 U.S.C. § 2253 and we affirm the district court's denial of relief. 3 * As a threshold matter, the State of Idaho argues that Moir's federal claims are procedurally barred. 4 In all cases in which a state prisoner has defaulted his…