Ranieri v. Terhune
Opinion of the Court
MEMORANDUM
California state prisoner Stephen J. Ranieri appeals the district court’s dismissal of his petition for habeas corpus under 28 U.S.C. § 2254. He challenges his conviction, after a jury trial, for attempted murder and assault with a firearm. His sole claim on appeal is that the district court erred in holding that the California Su
After exhausting his direct appeal, Ranieri filed in the California Supreme Court a series of three habeas corpus challenges to his conviction. The court denied the last of those petitions by citing the timeliness rule of Clark. The district court held that this citation expressed an adequate and independent reason for the state court’s rejection of the petition. The district court did not have the benefit, however, of our later decision in Bennett v. Mueller, 322 F.3d 573 (9th Cir. 2003), cert. denied, — U.S. —, 124 S.Ct. 105, — L.Ed.2d —, 2003 WL 21313961 (U.S. Oct. 6, 2003) (No. 02-1772), which explained the federal procedures to be followed and the analysis to be applied when the state (as in this case) has pleaded the existence of an independent and adequate state procedural ground as an affirmative defense. We therefore reverse the district court’s decision and remand for the court to reconsider the applicability of the procedural bar in the light of Bennett. The district court shall conduct such further proceedings as may be appropriate.
REVERSED and REMANDED for further proceedings consistent with this disposition.
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.
Reference
- Full Case Name
- Stephen J. RANIERI, Petitioner—Appellant v. Cal TERHUNE, Director, Respondent—Appellee
- Status
- Published