Tuesday, May 10, 2005

Cassett v. Stewart

No. 03-16573 (5-3-05). This is a reversal of a petition's dismissal for procedural default. The 9th finds that under Arizona state precedent, it is unclear whether petitioner "knowingly and intelligently" waived a right of constitutional dimension and that the state, rather than the federal courts, should make that determination. The 9th also found that petitioner had addressed a federal claim that introduction of his previously vacated guilty plea had violated his due process rights and the court erred in dismissing.


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