Court of Appeals for the Ninth Circuit April 24, 2000, 97-55085 (Dennis Mark La Crosse v. Peggy Kernan, Warden Attorney General of the State of California)

T.G. NELSON, Circuit Judge:

Dennis Mark La Crosse appeals the district court’s dismissal of his petition for a writ of habeas corpus, claiming that the California Supreme Court’s denial of his claim in 1996 did not act as a bar to federal habeas review. We have jurisdiction pur

*471

suant to 28 U.S.C. § 2258 and reverse and remand.

2

I.