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CARTER v. GIURBINO

No. 02-56538.

385 F.3d 1194 (2004)

Jerry CARTER, Petitioner-Appellant, v. G.J. GIURBINO, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 5, 2004.

Attorney(s) appearing for the Case

Jerry Sies, Los Angeles, CA, for the petitioner-appellant.

Steven E. Mercer, Deputy Attorney General for the State of California, Los Angeles, CA, for the respondent-appellee.

Before: THOMPSON, SILVERMAN, and WARDLAW, Circuit Judges.

SILVERMAN, Circuit Judge:

The California Supreme Court issued a postcard denial of appellant Jerry Carter's petition for writ of habeas corpus, citing only In re Lindley, 29 Cal.2d 709, 177 P.2d 918 (1947). Lindley stands for the California rule that a claim of insufficiency of evidence can only be considered on direct appeal, not in habeas proceedings. In denying a federal petition for writ of habeas corpus, the district court held that the Lindley...

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