Paul Dominick Luckette v. Charles Ryan Grant Woods

Good Law
95 F.3d 1157·1996 WL 477061·1996 U.S. App. LEXIS 38442
United States Court of Appeals for the Ninth CircuitAugust 21, 199696-15505California494 words

Opinion

Opinion

95 F.3d 1157 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Paul Dominick LUCKETTE, Petitioner-Appellant, v. Charles RYAN; Grant Woods, Respondents-Appellees. No. 96-15505. United States Court of Appeals, Ninth Circuit. Submitted June 7, 1996. * Decided Aug. 21, 1996. Before: CHOY, SKOPIL and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Petitioner pleaded no contest in state court to attempted first degree murder committed while on parole. He was sentenced pursuant to the terms of a plea agreement. After filing a direct appeal and four separate collateral petitions in state court, he sought federal habeas relief pursuant to 28 U.S.C. § 2254 , contending that he was not represented by counsel at sentencing and that his conduct did not constitute a crime under state law. The district court denied relief, ruling that petitioner procedurally defaulted on the first claim and failed to raise a federal issue on the second claim. We affirm. 3 A state prisoner must generally…

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