Martin

MEMORANDUM *

Charles Martin (“Martin”) appeals the dismissal of his habeas petition. The district court dismissed all six of Martin’s claims for habeas relief, finding all six procedurally barred and two time barred. Martin argues that: (1) claims three through six are not procedurally barred because the procedural rule the state court invoked is inadequate; and (2) the district court incorrectly determined that his fifth claim and part of his sixth claim did not “relate back” to his original petition so as to avoid the one-year filing requirement of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”).

Martin’s first claim is controlled by our decision, filed concurrently herewith, in King v. LaMarque, No. 05-15757. Under King, Martin has met his Bennett burden, and the government bears “the ultimate burden of proving the adequacy” of the relied-upon state procedural ground. See Bennett v. Mueller, 322 F.3d 573, 585-86 (9th Cir.2003). On remand, in order to be able to maintain its affirmative defense of procedural default, the government must show that cases after In re Clark, 5 Cal.4th 750 , 21 Cal.Rptr.2d 509 , 855 P.2d 729 (1993), had sufficiently clarified…