Willie Livingston Hill v. Ernest C. Roe, Warden

Willie Livingston Hill (“Hill”) filed his petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254 . The district court denied the petition as procedurally barred. We have jurisdiction under 28 U.S.C. § 2253 , and affirm in part, reverse in part, and remand.

I. FACTUAL AND PROCEDURAL HISTORY

Hill was convicted of being a felon in possession of a firearm, in violation of California law. He appealed his conviction to the California Court of Appeal, which affirmed the conviction. Hill then filed a petition for review with the California Supreme Court, which denied the petition. He then filed a state habeas petition, which was denied by the California Court of Appeal. The California Supreme Court denied Hill’s habeas petition by issuing a letter that stated in full: “Petition for writ of habeas corpus is DENIED. (In re Waltreus, (1965) 62 Cal.2d 218, 225 , 42 Cal.Rptr. 9 , 397 P.2d 1001 ; People v. Hill, (1973) 9 Cal.3d 784, 786, 787 , 109 Cal.Rptr. 93 , 512 P.2d 317 .)”.

Subsequently, Hill filed a petition for writ of habeas corpus in the federal district court. The court held that the California Supreme Court’s citation to In re Waltreus did not bar federal court…