Blake v. Baker et al

Filing 98

AMENDED JUDGMENT. IT IS ORDERED AND ADJUDGED that this action is DISMISSED without prejudice for failure to exhaust state remedies. IT IS FURTHER ORDERED AND ADJUDGED that Petitioner is GRANTED a COA with respect to the following issue: Whether th e district courts ruling, that as a matter of law a Strickland claim of ineffectiveassistance of post-conviction counsel cannot constitute good cause for failing to exhaust a claim in afederal habeas corpus action, was erroneous, where state law reco gnizes that ineffective assistance ofpost-conviction counsel does establish cause allowing a habeas petitioner to file a successive petition,but that right is restricted only to capital cases. Signed by Clerk of Court, Lance S. Wilson on 3/26/2012. (Clerk sending copy of this Order to USCA via email in regards to USCA Case No. 12-15522.) (Copies have been distributed pursuant to the NEF - KO)

AO 450 (Rev. 5/85) Judgment in a Civil Case r

UNITED STATES DISTRICT COURT
*****

DISTRICT OF

NEVADA

ALFONSO MANUEL BLAKE,
AMENDED
Petitioner,

JUDGMENT IN A CIVIL CASE

V.
CASE NUMBER: 3:09-CV-00327-RCJ-WGC
RENEE BAKER, et al.,
Respondents.

Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried
and the jury has rendered its verdict.
Decision by Court. This action came to trial or hearing before the Court. The issues have been
tried or heard and a decision has been rendered.
X

Decision by Court. This action came to be considered before the Court. The issues have been
considered and a decision has been rendered.

IT IS ORDERED AND ADJUDGED that this action is DISMISSED without prejudice for
failure to exhaust state remedies.
IT IS FURTHER ORDERED AND ADJUDGED that Petitioner is GRANTED a COA with
respect to the following issue:
Whether the district court’s ruling, that “as a matter of law a Strickland claim of ineffective
assistance of post-conviction counsel cannot constitute good cause for failing to exhaust a claim in a
federal habeas corpus action,” was erroneous, where state law recognizes that ineffective assistance of
post-conviction counsel does establish cause allowing a habeas petitioner to file a successive petition,
but that right is restricted only to capital cases.
March 26, 2012

LANCE S. WILSON
Clerk

/s/Katie Lynn Ogden
Deputy Clerk