Kirk Elliott Case v. Manfred Maass, Superintendent, Oregon State Penitentiary

86 F.3d 1161 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kirk Elliott CASE, Petitioner-Appellant, v. Manfred MAASS, Superintendent, Oregon State Penitentiary, Respondent-Appellee. No. 95-35798. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 8, 1996. Decided May 20, 1996. 1 Before: GOODWIN and SCHROEDER, Circuit Judges, ARMSTRONG, District Judge. * 2 MEMORANDUM ** 3 Case appeals dismissal of his petition for habeas corpus relief contending that his due process rights were violated by the decision of the Oregon Board of Parole and Post-Prison Supervision ("the Board") to defer his parole for 24 months. Case admits that he failed to present this claim during his state appeal of the Board's decision, but argues that his appellate counsel was ineffective, and that this ineffectiveness constitutes cause to excuse his procedural default. 4 The Supreme Court has clearly held that mistakes committed by a petitioner's attorney do not constitute cause…