Alfaro v. Johnson, No. 15-55337 (7-14-17)(M. Smith w/Bybee & Christen).  The 9th reverses the granting of capital habeas relief.  The 9th holds that petitioner's claim is barred by failure to exhaust state court remedies and is untimely under Fed. R. Civ Pro 15(c). The 9th found that petitioner could not amend her petition to include the Eighth Amendment systematic delay ground for relief as it could have been raised, and that such a claim is still pending in the state courts.  The raising of the claim is not futile in the state court.

Spirited fight and tough loss for Michael Weinstein and Celeste Bacchi of FPD Cal C. (Los Angeles).

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2017/07/14/15-55337.pdf