How have we interpreted the meaning of Rule 32 in a motion for post-conviction relief?
MultiRegion, United States of America
The following excerpt is from Marcham v. Herman, 34 F.3d 1072 (9th Cir. 1994):
Recently, we held that "Rule 32 is meant to encompass the grounds available under a writ of habeas corpus, but habeas corpus relief remains available for claims which fall outside the scope of Rule 32." Roettgen v. Copeland, No. 93-15760, slip op. 9201, 9205 (9th Cir. Aug. 16, 1994). Thus, to properly exhaust claims that are cognizable under Rule 32 a criminal defendant must bring them in a Rule 32 petition for post-conviction relief, not in a petition for habeas corpus. Id.
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