Willie Livingston Hill v. Ernest C. Roe, Warden

ORDER

The opinion filed July 29, 2002, and appearing at 298 F.3d 796 (9th Cir.2002) is amended. The amended opinion is filed herewith.

The panel has voted unanimously to deny appellee’s petition for rehearing and the suggestion for rehearing en banc.

The full court has been advised of the suggestion for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

Appellee’s petition for rehearing and the suggestion for rehearing en banc are denied.

OPINION

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, vacate in part, and remand.

I. FACTUAL AND PROCEDURAL HISTORY

Hill was convicted of being a felon in possession of a firearm, in violation of Cali fornia 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…