Kevin Liu v. Marcus Pollard, Warden
HabeasCorpus
Is the Ninth Circuit's decision contrary to this Court's decision in Martin v. Walker?
QUESTION PRESENTED Kevin Liu appeals from the Ninth Circuit Court of Appeals decision affirming the dismissal of his extra record federal constitutional claim on habeas corpus as procedurally defaulted. Under state law, Liu was required to raise extra record claims by way of habeas corpus. However, the state court dismissed the claim as defaulted because he had not raised it on direct appeal. The question presented is: Is the Ninth Circuit’s decision contrary to this Court’s decision in Martin v. Walker because it affirmed the district court order dismissing Liu’s federal constitutional claim as procedurally defaulted even though the state court had unforseeably applied a procedural bar in a manner that was contrary to state law?