James Edward King v. A. Lamarque, Warden

455 F.3d 1040 James Edward KING, Petitioner-Appellant, v. A. LAMARQUE, Warden, Respondent-Appellee. No. 05-15757. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 14, 2006. Filed July 26, 2006. Matthew Dale Alger, Clovis, CA, for the petitioner-appellant. Lisa Ashley Ott, Deputy Attorney General, San Francisco, CA, for the respondent-appellee. Appeal from the United States District Court for the Northern District of California; Susan Yvonne Illston, District Judge, Presiding. D.C. No. CV-00-01988-SI. Before: GOODWIN, REINHARDT, and HAWKINS, Circuit Judges. MICHAEL DALY HAWKINS, Circuit Judge: 1 James Edward King ("King") appeals the denial of his habeas corpus petition, raising four issues, only one of which was listed within the Certificate of Appealability ("COA") at the time of argument. Three of the issues pertain to the California Supreme Court's dismissal of an ineffective assistance claim because it determined that King's habeas petition was filed after substantial delay. King asserts that the rule is inadequate and that his case fits the exceptions that allow federal courts to review claims that are otherwise procedurally barred. His fourth claim…