Klein

MEMORANDUM **

Petitioner Nolan Klein, a Nevada state prisoner, appeals the District Court’s denial of his federal habeas corpus petition, which challenges his conviction for robbery, burglary, and sexual assault. For the reasons explained below, the District Court’s decision regarding Grounds One and 20(14) is affirmed, its exhaustion ruling is reversed, and we remand for further adjudication regarding Grounds 20(7) and 20(10).

BACKGROUND

On the evening of May 9, 1988, a robbery, burglary, and sexual assault were committed in a Payless Shoe Store in Sparks, Nevada. Later that month, police officers discovered Klein in the vicinity of the crime, and took him to a police station, where they interviewed, photographed, and fingerprinted him. They also seized a knife from his car, which was located nearby. After several hours of questioning, Klein was permitted to leave. Officers later admitted that they never read Klein his rights as required by Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966).

Klein was convicted after trial. He pursued an unsuccessful appeal and numerous *653 post-conviction petitions in state court. His first federal habeas corpus…