REESE v. BALDWIN

No. 01-35153.

282 F.3d 1184 (2002)

Michael REESE, Petitioner-Appellant, v. George H. BALDWIN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 12, 2002.


Attorney(s) appearing for the Case

Dennis N. Balske, Assistant Federal Public Defender, Portland, OR, for the petitioner-appellant.

Robert B. Rocklin, Assistant Attorney General, Salem, OR, for the respondent-appellee.

Before: HUG, T.G. NELSON, and GOULD, Circuit Judges.


Opinion by Judge GOULD; Dissent by Judge T.G. NELSON.

GOULD, Circuit Judge.

OVERVIEW

Petitioner Michael Reese ("Reese") appeals the district court ruling that his claim of ineffective assistance of appellate counsel in his § 2254 habeas petition is procedurally defaulted because of lack of exhaustion. The issue is whether Reese adequately alerted the state courts to the federal nature of his claims. We reverse the district court, concluding...

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