King v. LaMarque, ___ F.3d ___ (9th Cir. Sept. 20, 2006) (after federal court has found a state procedural rule inadequate (here the timeliness rule of In re Clark (1993) 855 P.2d 729), burden falls on the government to show that the rule is now adequate). http://caselaw.lp.findlaw.com/data2/circs/9th/0515757pv2.pdf