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POWELL v. LAMBERT

No. 01-35809.

357 F.3d 871 (2004)

Jerome POWELL, Petitioner, v. John LAMBERT, Respondent.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn March 5, 2003.

Resubmitted and Filed February 10, 2004.

Attorney(s) appearing for the Case

Suzanne Elliott, Seattle, WA, for the petitioner.

John Joseph Samson, Office of the Attorney General, Olympia, WA, for the respondent.

Before REINHARDT, W. FLETCHER and GOULD, Circuit Judges.

W. FLETCHER, Circuit Judge:

Jerome Powell appeals the district court's denial of his petition for habeas corpus brought under 28 U.S.C. § 2254. The district court held that it could not consider Powell's claims because they had not been exhausted in state court because of an "independent and adequate" procedural bar in that court. Powell contends on appeal that the state procedural bar is not adequate because it was not "clear, consistently applied, and well...

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