Cravens

Cravens v. Bayer

Good Law
34 F. App'x 516
United States Court of Appeals for the Ninth CircuitFebruary 5, 2002No. 00-15254; D.C. No. CV-99-00213-ECRCalifornia775 words

Opinion

Lead Opinion

MEMORANDUM **

Thomas Cravens (“Cravens”) appeals the district court’s order dismissing his petition for a writ of habeas corpus. We review de novo the district court’s judgment that Cravens had “procedurally defaulted” his claims, and that he failed to demonstrate “cause and prejudice” for the default. See Washington v. Cambra, 208 F.3d 832, 833 (9th Cir.2000). We affirm.

On this appeal, we consider only whether Cravens procedurally defaulted on his claims that the government violated his right to due process by mishandling and withholding exculpatory evidence at trial. As a preliminary matter, we note that Cravens’s state habeas petition and Opening Brief to the Nevada Supreme Court put that court on notice of the federal claims now before this panel. Cravens, thus, exhausted his state remedies with respect to these claims and we may properly consider his petition. See Picard v. Connor, 404 U.S. 270, 276 , 92 S.Ct. 509 , 30 L.Ed.2d 438 (1971) (requiring “state prisoner to present the state courts with the same claim he urges upon the federal courts”); Shumway v. Payne, 223 F.3d 982, 987 (9th Cir.2000).

Though Cravens’s claims are properly before us, we cannot review them…

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