Franklin Philip Noheart, Petitioner, v. State of Washington, Respondent, 944 F.2d 909 (9th Cir. 1991)

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U.S. Court of Appeals for the Ninth Circuit - 944 F.2d 909 (9th Cir. 1991) 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).



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Ninth Circuit Rule 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3