HOWARD v. LEWIS

No. 89-15123.

905 F.2d 1318 (1990)

Larry HOWARD, Petitioner-Appellant, v. Samuel A. LEWIS, Director of Arizona State Prison; Robert Corbin, Arizona Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 18, 1990.


Attorney(s) appearing for the Case

Larry Howard, Florence, Ariz., pro se.

Barbara A. Jarrett, Asst. Atty. Gen., Phoenix, Ariz., for respondents-appellees.

Before FLETCHER, PREGERSON and NELSON, Circuit Judges.


PREGERSON, Circuit Judge:

In this case, we must decide whether the district court properly dismissed appellant Howard's successive habeas petition on the ground that a prior judgment denying relief on the identical claims was final. Howard argues that the dismissal of his prior habeas petition on the ground of state procedural default was not a determination "on the merits," and, thus, his present petition should not be barred.

We hold that, in general, a...

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