James Edward King v. A. Lamarque, Warden

ORDER AND OPINION

ORDER

James Edward King’s petition for rehearing and A. LaMarque’s petition for rehearing are granted in part, without further oral argument. The Opinion and separate concurring Opinion, filed on July 26, 2006 and reported at 455 F.3d 1040 (9th Cir.2006), are withdrawn and superceded by the Opinion filed concurrently with this Order. The previous Opinion may not be cited as precedent by or to this court or any district court of the Ninth Circuit.

The parties’ petitions for rehearing en banc are denied as moot. Subsequent petitions for panel rehearing and/or petitions for rehearing en banc may be filed with respect to the new Opinion in accordance with the requirements of Fed. R.App. P. 40 and 35.

OPINION

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…