Lambert

MEMORANDUM *

A trial court convicted petitioner Carlos John Williams (“Williams”) of attempted first degree rape, five counts of first degree rape, first degree robbery, taking a motor vehicle without permission, five counts of first degree burglary, and first degree kidnaping. Williams appealed his convictions and sentence to the Washington Court of Appeals which affirmed but remanded for resentencing. The Washington Supreme Court denied review.

Williams then filed a personal restraint petition alleging the trial court erred by failing to hold a hearing concerning a witness’s alleged recanted testimony. The Washington Court of Appeals dismissed that petition and the Washington Supreme Court denied review, determining the claim was procedurally barred by state law. Williams filed a second personal restraint petition involving the same claim and the Washington Court of Appeals again dismissed it. The Washington Supreme Court denied review.

Williams then filed in the district court a 28 U.S.C. § 2254 habeas petition. The district court denied that petition pursuant to the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). On appeal, we affirmed in part, reversed in…