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LAMBRIGHT v. STEWART

No. 96-99020.

241 F.3d 1201 (2001)

Joe Leonard LAMBRIGHT, Petitioner-Appellant, v. Terry STEWART, Director, Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 6, 2001.

Attorney(s) appearing for the Case

COUNSEL

David P. Tiers, Tucson, Arizona, for the petitioner-appellant.

Scott A. Bales, Solicitor General, Phoenix, Arizona, for the respondent-appellee.

Before: Warren J. Ferguson, Stephen Reinhardt, and David R. Thompson, Circuit Judges.

Argued and Submitted August 17, 2000 — Pasadena, California.

FERGUSON, Circuit Judge:

Joe Leonard Lambright ("Lambright") appeals the district court's procedural dismissal of his ineffective assistance of counsel claim. We conclude that the district court incorrectly found that the state court's order dismissing Lambright's claim rested on an independent and adequate state ground. Because he has presented a colorable claim to relief and has not received...

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