Dae Soon Hirami, Petitioner-appellant, v. Municipal Courts of California; Attorney General of Thestate of California, Respondents-appellees, 73 F.3d 369 (9th Cir. 1995)Annotate this Case
Submitted Dec. 13, 1995. *Decided Dec. 21, 1995
Before: HUG, BEEZER and KLEINFELD, Circuit Judges.
We dismiss Hirami's petition for a writ of habeas corpus because she has failed to exhaust state remedies. Although she filed a habeas petition with the California Supreme Court, that court denied her petition for failure to allege sufficient facts, citing In re Swain, 34 Cal. 2d 300, 304 (1949).
Under Harris v. Superior Court, 500 F.2d 1124 (9th Cir. 1974), cert. denied, 420 U.S. 973 (1975), when the California Supreme Court denies a habeas petition and cites Swain, the denial is on procedural grounds and the state petition cannot be treated as an exhaustion of state remedies. We recently reaffirmed the Harris rule, noting that it has worked well for two decades and has not incurred objection from the California Supreme Court. Hunter v. Aispuro, 982 F.2d 344 (9th Cir. 1992), cert. denied, --- U.S. ----, 114 S. Ct. 240 (1993). We continue to adhere to Harris.