Delgado

MEMORANDUM *

Washington state prisoner, Rosendo Delgado, Jr., appeals from the district court entry of summary judgment in favor of the state in Delgado’s 28 U.S.C. § 2254 petition for writ of habeas corpus. He seeks to challenge his conviction by a jury for the murder of a three year old child and attempted murder of multiple other shooting victims.

The district court correctly ruled that the petitioner failed to exhaust his claim that the trial court improperly admitted autopsy photos and the transcript of a 9-1-1 emergency phone call. We therefore affirm the district court’s dismissal of that claim as not properly exhausted. The claim is procedurally defaulted under Washington law. See Wash. Rev.Code § 10.73.090(1) (“No petition or motion for collateral attack on a judgment and sentence in a criminal case may be filed more than one year after the judgment becomes final if the judgment and sentence is valid on its face and was rendered by a court of competent jurisdiction.”)

Although the state maintains that the three remaining claims were not fairly presented to the Washington Supreme Court and therefore not exhausted, the district court correctly ruled that Delgado’s…