Lee v. Jacquez, No. 12-56258 [June 9, 2015]
The court held that California’s Dixon rule, which prohibits California state courts from considering habeas claims that should have been raised on direct appeal but were omitted, is an adequate and independent state law procedural rule that bars federal review of Lee’s claim, but the state has failed to establish Dixon bar’s adequacy at the time of Lee’s procedural default. The state’s evidence which showed Dixon’s application as a percentage of all habeas denials filed during the relevant time period was insufficient to meet its burden, as it should have shown how many case the Dixon bar should have been applied to. Remanded back to the district court to consider her claims on the merits.
UPDATE: Based on the United States Supreme Court's decision in Johnson v. Lee, ___U.S.___, 136 S.Ct. 1802 (2016) the Ninth Circuit affirmed the judgment of the district court.