Did the Ninth Circuit misapply the standard for adequate state grounds when it found California's timeliness bar was 'firmly established and regularly followed' and applied that bar to Hart's habeas petition?

QUESTION PRESENTED In re Robbins, 18 Cal. 4th 770 (1998), and In re Gallego, 18 Cal. 4th 825 (1998) “explained many aspects of the timeliness rules applicable to petitions for writs of habeas corpus” after the California Supreme Court’s decision in In re Clark, 5 Cal. 4th 750 (1998). In re Sanders, 21 Cal. 4th 697, 701 (1999). Here, the Ninth Circuit found that even though Robbins and Gallego had only been decided three months prior, Hart was nevertheless on notice of California’s timeliness rule under Clark when he filed his habeas petition in the California Supreme Court. Thus, the Ninth Circuit found that Clark, standing alone, was adequate to bar his claim that the prosecution suppressed material impeachment evidence regarding an informant who testified at his capital trial. Did the Ninth Circuit misapply the standard for adequate state grounds, in conflict with this Court's precedent in Coleman v. Thompson, 501 US. 722 (1991), and Lee v. Kemna, 534 U.S. 362, 375 (2002), when it found that California’s timeliness bar under Clark was “firmly established and regularly followed” and applied that bar to Hart’s habeas petition? 1 LIST OF PRIOR PROCEEDINGS United States Supreme Court Joseph William Hart v. California, Case No. 99-6694, petition for writ of certiorari denied January 10, 2000 United States Court of Appeals for the Ninth Circuit Joseph William Hart v. Ronald Broomfield, Case No. 20-99011, judgment affirmed March 28, 2024, rehearing denied July 11, 2024 United States District Court for the Central District of California Joseph William Hart v. Jill Brown, Case No. CV-03633-DSF, judgment entered September 1, 2020 California Supreme Court People v. Joseph William Hart, Case No. S007970, judgment affirmed June 1, 1999, petition for rehearing denied July 12, 1999 In re Joseph William Hart, Case No. S074569, petition denied March 8, 2006 In re Joseph William Hart, Case No. S0134962, petition denied March 28, 2007 In re Joseph William Hart, Case No. $152912, petition denied September 28, 2011 Riverside County Superior Court People v. Joseph William Hart, Case No. 25670, judgment entered May 27, 1988 2