Unpublished Disposition, 848 F.2d 198 (9th Cir. 1988)
Annotate this CaseRoosevelt BENFORD, Jr., Petitioner-Appellant,v.Lloyd BRAMLETT, Warden of Arizona State Prison, AttorneyGeneral of the State of Arizona, Respondents-Appellees.
No. 87-2485.
United States Court of Appeals, Ninth Circuit.
Submitted April 11, 1988.* Decided May 20, 1988.
Before CHAMBERS, SNEED and HUG, Circuit Judges.
MEMORANDUM**
Roosevelt Benford, proceeding pro se, appeals the district court's order denying his petition for a writ of habeas corpus. We reverse the district court's decision and order that the petition be dismissed for failure to exhaust state court remedies.
In his amended habeas petition, the appellant raises, inter alia, the claim that his counsel on direct appeal was ineffective. Although this claim was mentioned in the appellant's third petition for post-conviction relief, that petition was dismissed by the state court on the ground that all of the issues raised in the petition could have been raised on direct appeal. We conclude that the state courts did not address the ineffective assistance of direct appeal counsel claim. Since this claim has not been exhausted, the petition must be dismissed. See Rose v. Lundy, 455 U.S. 509, 522 (1982).
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