Carillo-Carillo v. Coursey

Petitioner, an Oregon state prisoner, appealed the district court's dismissal of his federal habeas petition with prejudice after concluding that petitioner had not fairly presented his claims to the Oregon state court first. The court concluded that petitioner fairly presented to the Oregon courts his claims that trial counsel rendered ineffective assistance by unduly pressuring him into accepting the no contest plea, and that his decision to enter the plea and waive his right to a jury trial was not knowingly and voluntarily made. In this case, petitioner attempted to present his claims in proper form by filing Section B of a Balfour brief and expressly incorporating his post-conviction relief (PCR) petition by reference under the heading "Argument." That petitioner may have done this under the wrong heading is surely less serious error than the one found excusable in Farmer v. Baldwin. Accordingly, the court reversed and remanded. View "Carillo-Carillo v. Coursey" on Justia Law