Walsh
Walsh v. Gomez
Opinion
Lead Opinion
MEMORANDUM **
California state prisoner Carl Eugene Walsh, Jr., appeals pro se the denial of his post-AEDPA petition under 28 U.S.C. § 2254 , challenging his jury trial conviction for committing lewd and lascivious acts on a child under the age of 14. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm in part, reverse in part, and remand.
Walsh first contends that the district court improperly dismissed four of his claims 1 as procedurally barred. We review de novo, Fields v. Calderon, 125 F.3d 757, 759-60 (9th Cir.1997), and conclude that this contention has merit. The California Supreme Court denied Walsh’s state habeas petition by citing cases which articulate procedural requirements for state *512 petitions. 2 We have previously ruled that at least two of these cases are not independent and adequate state grounds. See Park v. California, 202 F.3d 1146, 1151-53 (9th Cir.) (addressing Dixon), cert. denied, 531 U.S. 918 , 121 S.Ct. 277 , 148 L.Ed.2d 202 (2000); Calderon v. United States Dist. Court (Bean), 96 F.3d 1126, 1131 (9th Cir.1996) (addressing Waltreus). Because we cannot determine which rule the California Supreme Court applied to each of Walsh’s claims,…