PETERSON v. LAMPERT

No. 00-35897.

319 F.3d 1153 (2003)

Eric Allen PETERSON, Petitioner-Appellant, v. Robert LAMPERT, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 14, 2003.


Attorney(s) appearing for the Case

Marc Sussman, Portland, OR, for the appellant.

Janet A. Metcalf, Office of the Attorney General, Salem, OR, for the appellee.

Before: SCHROEDER, Chief Judge, KOZINSKI, TROTT, KLEINFELD, TASHIMA, THOMAS, McKEOWN, WARDLAW, W. FLETCHER, GOULD and RAWLINSON, Circuit Judges.


WILLIAM A. FLETCHER, Circuit Judge:

Eric Allen Peterson appeals the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition based on his failure properly to exhaust in the Oregon state courts his ineffective assistance of counsel claim under the Sixth and Fourteenth Amendments to the United States Constitution. We hold that Peterson did not fairly present his federal claim to the Oregon Supreme Court because, on the face of his petition for...

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