TACHO v. MARTINEZ

No. 85-2514.

862 F.2d 1376 (1988)

Michael Ponce TACHO, Petitioner-Appellant, v. Joe MARTINEZ, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 8, 1988.


Attorney(s) appearing for the Case

Victor Aronow, Phoenix, Ariz., for petitioner-appellant.

Vicki Gotkin Adler, Phoenix, Ariz., for respondents-appellees.

Before KOELSCH, CANBY and TROTT, Circuit Judges.


TROTT, Circuit Judge:

Michael Ponce Tacho, an Arizona state prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Tacho contends that his attorney at the state criminal trial, which resulted in his conviction for robbery and first degree murder, was ineffective because he failed to call Tacho's mother and sister as alibi witnesses. Because we find that petitioner has procedurally defaulted from obtaining habeas...

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