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Name: Holgerson v. Knowles
Case #: 01-15804
Court: US Court of Appeals
District 9 Cir
Opinion Date: 11/05/2002
Subsequent History: Cert. den. 4/28/03

The state court decision that defendant’s out-of-state convictions were strikes convictions did not warrant federal habeas corpus relief under 28. U.S.C. sec. 2254(d). Although it was an open question at the time of the burglary whether the two strike statute applied only to in-state convictions, subsequently People v. Hazelton (1996) 14 Cal.4th 101 decided the two strikes statute applied to out-of-state convictions. California’s decision to affirm was not contrary to, nor did it involve an unreasonable application of clearly established federal law. There was no denial of due process as an unforeseeable retroactive expansion of the state law.