On federal habeas, the United States
District Court held respondent’s claims
barred by the Pima County Superior
Court’s procedural ruling. The court rejected
respondent’s allegations that a conflict
between his appellate and Rule 32
counsel’s responsibility toward respondent
and their allegiance to the Public Defender’s
office was cause for his procedural
default in state court. The Court of Appeals
for the Ninth Circuit reversed, holding
that the state procedural default was
not independent of federal law and thus
did not bar federal review of the merits of
respondent’s claim, 241 F.3d 1191, 1196
(2001) (citing Ake v. Oklahoma, 470 U.S.
68, 75, 105 S.Ct. 1087, 84 L.Ed.2d 53
(1985)). It reasoned that Arizona Rule
32.2(a)(3) applies a different standard for
waiver depending on whether the claim
asserted in a Rule 32 petition was of ‘‘sufficient
constitutional magnitude,’’ Ariz. Rule
Crim.
On federal habeas, the United StatesDistrict Court held respondent’s claimsbarred by the Pima County SuperiorCourt’s procedural ruling. The court rejectedrespondent’s allegations that a conflictbetween his appellate and Rule 32counsel’s responsibility toward respondentand their allegiance to the Public Defender’soffice was cause for his proceduraldefault in state court. The Court of Appealsfor the Ninth Circuit reversed, holdingthat the state procedural default wasnot independent of federal law and thusdid not bar federal review of the merits ofrespondent’s claim, 241 F.3d 1191, 1196(2001) (citing Ake v. Oklahoma, 470 U.S.68, 75, 105 S.Ct. 1087, 84 L.Ed.2d 53(1985)). It reasoned that Arizona Rule32.2(a)(3) applies a different standard forwaiver depending on whether the claimasserted in a Rule 32 petition was of ‘‘sufficientconstitutional magnitude,’’ Ariz. RuleCrim.
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