Franklin Philip Noheart, Petitioner, v. State of Washington, Respondent, 944 F.2d 909 (9th Cir. 1991)Annotate this Case
Submitted Sept. 9, 1991. *Decided Sept. 11, 1991
Before EUGENE WRIGHT, FARRIS and TROTT, Circuit Judges.
Noheart appeals from the dismissal of his habeas corpus petition because it was procedurally barred. Following his conviction in 1976 for murder, he filed a personal restraint petition in the Washington Court of Appeals in 1986, which dismissed his claim in March 1987. He was advised of his right to seek discretionary review in the state supreme court. That court dismissed his appeal as untimely, as Noheart concedes.
Noheart's procedural default bars him from raising his claim in a federal habeas proceeding. Coleman v. Thompson, 111 S. Ct. 2546, 2559-60 (1991); Ylst v. Nunnemaker, 111 S. Ct. 2590, 2595 (1991).