Unpublished Disposition, 940 F.2d 667 (9th Cir. 1992)
Annotate this CaseNo. 90-16030.
Submitted July 16, 1991.*
Before CHOY and SNEED, Circuit Judges, and KELLEHER,** District Judge.
MEMORANDUM***
The petitioner's petition for a writ of habeas corpus was found by the district court to be barred from consideration by reason of procedural default. The petitioner failed to present a timely petition for review to the Arizona Supreme Court. The alleged errors in his trial did not create actual prejudice. No constitutional error infected his trial.
AFFIRMED.
Order.
Dec. 17, 1992.
Petitioner alleges he properly exhausted his state remedies because in June 1989 the state trial court gave him leave to file a delayed petition for review. However, petitioner never filed a petition pursuant to the trial court's June 1989 grant. Therefore, his action is barred by procedural default.
The panel has amended its memorandum disposition of July 18,1991; a copy of the amended disposition is attached. With thememorandum disposition so amended, petitioner's motion to recall themandate is hereby denied.
The panel finds this case appropriate for submission without argument pursuant to 9th Cir.R. 34-4 and Fed. R. App. P. 34(a)
Honorable Robert J. Kelleher, District Judge for the Central District of California, sitting by designation
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
