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SMITH v. IDAHO

No. 02-36043.

383 F.3d 934 (2004)

Ramon L. SMITH, Petitioner-Appellant, v. State of IDAHO, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 2004.

Attorney(s) appearing for the Case

Phillip H. Gordon, Gordon Law Offices, Boise, ID, for the petitioner-appellant.

L. LaMont Anderson, Deputy Attorney General, Boise, ID, for the respondent-appellee.

Before: B. FLETCHER, HAMILTON, and BERZON, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge:

Ramon Smith ("Smith") appeals the district court's dismissal of his petition for a writ of habeas corpus. The district court held that Smith's claims were procedurally barred because Smith had failed to comply with state procedural rules during his state post-conviction proceedings. The district court also held that Smith had made no showing of cause and prejudice to excuse his procedural...

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