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BROWN v. EASTER

No. 94-35591.

68 F.3d 1209 (1995)

Gary BROWN, Petitioner-Appellant, v. Louis EASTER, Superintendent, Spring Creek Correctional Center, Alaska Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 25, 1995.

Attorney(s) appearing for the Case

Andrew M. Hemenway, Anchorage, Alaska, for petitioner-appellant.

Nancy R. Simel, Assistant Attorney General, Anchorage, Alaska, for respondent-appellee.

Before: HALL, WIGGINS, and KLEINFELD, Circuit Judges.

WIGGINS, Circuit Judge:

OVERVIEW

This case considers what record is properly before a federal district court considering a petition for habeas corpus under 28 U.S.C. § 2254. After the petitioner pursued his claims in a direct appeal to the highest state court, the record was expanded in state collateral proceedings, but petitioner procedurally defaulted on the expanded claims by failing to present them to the highest state court in a timely manner....

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