Gates

MEMORANDUM *

Richard Gates appeals the district court’s dismissal as unexhausted of seven of the eight grounds for relief in his federal habeas corpus petition. Because six of the seven dismissed grounds were fairly presented to the Nevada state courts, we reverse the district court with respect to those grounds. However, because the ineffective assistance of appellate counsel claim was never presented to the state courts, we affirm as to that claim.

We hold that Gates fairly presented the following claims to the Nevada state courts, including the citation of applicable federal law, in his post-conviction pro se pleadings: (1) the claim that his Sixth Amendment right to counsel was violated when he was denied his request for counsel during a custodial interrogation; (2) the claim that his Fifth Amendment right against self-incrimination was violated during a three hour custodial interrogation; (3) the claim that his Fifth and Fourteenth Amendment right to due process of law was violated as the result of a conviction based on insufficient evidence as to Count I; (4) the claim that his right to due process under the Fifth and Fourteenth Amendment was denied when he was not…