Sims

Sims v. Miller-Stout

Good Law
136 F. App'x 78
United States Court of Appeals for the Ninth CircuitJune 17, 2005No. 03-35714California799 words

Opinion

Lead Opinion

MEMORANDUM *

Lawrence Earl Sims (“Sims”) appeals the district court’s dismissal of his federal habeas corpus petition. On de novo review, Griffin v. Johnson, 350 F.3d 956, 960 (9th Cir.2003), cert. denied, 541 U.S. 998 , 124 S.Ct. 2039 , 158 L.Ed.2d 510 (2004), we affirm.

Sims failed to seek discretionary review in the Washington Supreme Court of claims raised in his first pro se personal restraint petition, which was consolidated with his counseled direct appeal. When Sims again raised the same claims in his second personal restraint petition, the Washington Supreme Court clearly and expressly denied review based on the rule of In re Taylor, 105 Wash.2d 683 , 717 P.2d 755, 757-58 (1986), which generally prohibits relitigation in a personal restraint petition of claims already heard and decided on direct appeal. This procedural rule is “independent of the federal question and adequate to support the judgment.” Coleman v. Thompson, 501 U.S. 722, 729 , 111 S.Ct. 2546 , 115 L.Ed.2d 640 (1991). Its application is not interwoven with or dependent upon federal law, and it has been consistently and regularly applied by the Washington courts. See, e.g., In re Gentry, 137 Wash.2d 378 ,…

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