LUBERDA v. TRIPPETT

No. 98-1959.

211 F.3d 1004 (2000)

Gilbert LUBERDA, Petitioner-Appellant, v. David TRIPPETT, Warden, Thumb Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 10, 2000.


Attorney(s) appearing for the Case

Stuart G. Friedman (argued and briefed), Ann Arbor, MI, for Petitioner-Appellant.

Vincent J. Leone (briefed), Asst. Attorney Gen., Laura Graves Moody (argued and briefed), Office of the Attorney General, Habeas Corpus Division, Lansing, MI, for Respondent-Appellee.

Before: GUY, RYAN, and BOGGS, Circuit Judges.


OPINION

RYAN, Circuit Judge.

This appeal raises the question whether a federal habeas petitioner's disregard of a Michigan rule of appellate procedure, enacted after the petitioner's state conviction but before the submission of his case to the Michigan Court of Appeals, may operate as an "adequate and independent state procedural bar" to preclude federal habeas review. We think it may and we will affirm.

The district court order dismissed petitioner...

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