Fulleylove

Fulleylove v. Santos

Good Law
173 F. App'x 616
United States Court of Appeals for the Ninth CircuitMarch 16, 2006No. 05-35422California372 words

Opinion

Lead Opinion

MEMORANDUM **

Jerry Fulleylove appeals the district court’s dismissal of his habeas corpus petition. The district court determined that Fulleylove had procedurally defaulted his claim of ineffective assistance of counsel under the Sixth and Fourteenth Amendments to the United States Constitution. We affirm.

Before seeking federal habeas corpus relief, Fulleylove was required to fairly present his federal ineffective assistance of counsel claims to the state appellate courts. See Peterson v. Lampert, 319 F.3d 1153 , 1155—56 (9th Cir.2003) (en banc). That required him to alert those courts to the fact that he was making a federal claim. See Fields v. Waddington, 401 F.3d 1018 , 1020—21 (9th Cir.), cert. denied, — U.S. -, 126 S.Ct. 738 , 163 L.Ed.2d 579 (2005); Galvan v. Alaska Dep’t of Corr., 397 F.3d 1198 , 1204—05 (9th Cir.2005); Casey v. Moore, 386 F.3d 896 , 912 n. 13 (9th Cir.2004), cert. denied, — U.S. -, 125 S.Ct. 2975 , 162 L.Ed.2d 899 (2005). And in that respect, he could not expect the state courts to look beyond the brief and petition he filed with them. See Baldwin v. Reese, 541 U.S. 27, 32 , 124 S.Ct. 1347, 1351 , 158 L.Ed.2d 64 (2004) ; Castillo v. McFadden, 399 F.3d…

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