The following excerpt is from Bucci v. Busby, No. 2:11-cv-3147 GEB KJN P (E.D. Cal. 2015):
In order for a claim to be procedurally defaulted for federal habeas corpus purposes, the opinion of the last state court rendering a judgment in the case must clearly and expressly state that its judgment rests on a state procedural bar. See Harris v. Reed, 489 U.S. 255, 263 (1989). "A claim in a federal habeas petition may be procedurally defaulted if it was actually raised in state court but found to be defaulted on an adequate and independent state procedural ground." Jones v. Ryan, 691 F.3d 1093, 1101 (9th Cir. 2012). This rule applies even where the state court reached the merits of the claim even after finding the claim procedurally barred. See,e.g., Harris v. Reed, 489 U.S. 255, 265 n.10 (1989).
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