Jerry Brazzell v. James Spalding, Director, Idaho Department of Corrections

103 F.3d 137 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerry BRAZZELL, Petitioner-Appellant, v. James SPALDING, Director, Idaho Department of Corrections, Respondent-Appellee. No. 96-35490. United States Court of Appeals, Ninth Circuit. Submitted Nov. 18, 1996. * Decided Nov. 20, 1996. Before: PREGERSON, REINHARDT, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Jerry Brazzell, an Idaho state prisoner, appeals the district court's dismissal of his 28 U.S.C. § 2254 habeas petition. He contends the district court erred when it dismissed his petition for failure to exhaust state remedies. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, Calderon v. Prunty, 59 F.3d 1005, 1008 (9th Cir.1995), and vacate and remand. A. Background 3 Brazzell raises two claims: (1) that the Idaho trial court violated his Sixth Amendment rights by improperly limiting cross examination of a prosecution witness; and (2) that his Sixth Amendment right to a fair…