Kanally

Kanally v. del Papa

Good Law
126 F. App'x 361
United States Court of Appeals for the Ninth CircuitMarch 9, 2005No. 04-15434; D.C. No. CV-00-00693-ECR/VPCCalifornia819 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner-Appellant Jeffrey Alexander Kanally appeals from the decision of the United States District Court for the District of Nevada, which denied his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . We have jurisdiction to review the district court’s decision pursuant to 28 U.S.C. § 2253 . We affirm.

The district court held that Kanally is procedurally barred from bringing his ineffective assistance of counsel claim before the federal courts on habeas review because his state habeas petition was dismissed on procedural grounds. The Nevada state courts dismissed Kanally’s habeas petition because it was not filed within the state’s one-year time limit. See Nev.Rev. Stat. 34.726. The federal district court rightly noted that a federal “[cjourt will not review a claim for habeas corpus relief if the decision of the state court regarding that claim rested on a state law ground that is independent of the federal question and adequate to support the judgment.” Order, CV-N-00-0693-ECR (D.Nev.2003) (quoting Coleman v. Thompson, 501 U.S. 722 , 111 S.Ct. 2546 , 115 L.Ed.2d 640 (1991)). To bar federal habeas review a state procedural rule must be adequately…

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