Garrott

Garrott v. Miller-Stout

Good Law
328 F. App'x 506
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 07-35871California241 words

Opinion

Lead Opinion

MEMORANDUM **

Washington state prisoner Rodney L. Garrott appeals pro se from the district *507 court’s judgment dismissing his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We affirm.

Miller-Stout contends that Garrott’s claims are procedurally defaulted. However, the district court did not consider whether the relevant state procedural bar was independent and adequate under state law. In addition, the record reflects that Garrott exhausted his claims. See Sanders v. Ryder, 342 F.3d 991, 999-1000 (9th Cir.2003). Thus, we proceed to the merits. See Franklin v. Johnson, 290 F.3d 1223, 1232 (9th Cir.2002); see also Moran v. McDaniel, 80 F.3d 1261, 1269 (9th Cir.1996).

Garrott contends, among other things, that his trial counsel provided ineffective assistance by not investigating alibis and by pressuring him to plead guilty. We reject Garrott’s contentions because they are conclusory and unsupported. See Hill v. Lockhart, 474 U.S. 52, 58-59 , 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985).

We construe Garrott’s uncertified contentions in his opening brief and in his subsequent filings to this court as motions to broaden the certificate of appealability,…

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