United States Tenth Circuit

In a federal habeas petition, the district court's denial of a state prisoner's petition is affirmed where: 1) counsel's failure to investigate evidence and the petitioner's inability to use this evidence was highly unlikely to have any effect on the jury's findings; 2) the lower court's conclusion that there was no prejudice by the limitation of a witness' testimony was a reasonable one; 3) the right of confrontation was waived in the lower court; and 4) the District Court's denial of an evidentiary hearing was correct as the evidence was insufficient to show that the petitioner was entitled to habeas relief on his claims.

Appellate Information

• Decided 11/24/2008
• Published 11/24/2008

Judges

• HOLLOWAY, Circuit Judge., Before LUCERO, HOLLOWAY and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Brian A. Pori, Albuquerque, NM, for the Petitioner-Appellant.


• For Appellees:
  
• Steven S. Suttle, Special Counsel, Albuquerque, NM, (Gary K. King, Attorney General of New Mexico, with him on the brief), for the Respondents-Appellees.